marry now or wait ?

M

mjakub76

Registered Users (C)
Hi my friends.
I start this thread for a friend of mine. She (mexican citizen) is currently in US on J-1 visa, working as an au pair. She wants to marry her boyfriend (mexican citizen), who is a green card holder, and he will have his citizen interview in October.
Questions:
1. Shall she keep working on J-1, marry him now, and apply for AOS after he gets citizenships?
2. Shall she keep working on J-1, marry him after he becomes USC and than apply for AOS?
3. Shall she quit the program (become illegal), marry him, and wait for his citizenship, and file I-485?
4. Shall she quit the program (become illegal), and marry him after he gets the citizenship, than apply for AOS?

Any other inputs are welcome
Thank you in advance
 
I am not sure what is the best for your friend, but can share with him my experience. I am a GC and married my wife, an F-1 studen, back in 2006. I did not do the AOS because, according to the law, she'd be put on the waiting (5years or so) list and required to return to her country. GC do not have the priority of requesting an immidiate AOS; they have to get in line and wait for the visa to be alocated for their spouses. I passed my interview and waiting for the oath letter. Then I'll apply for the AOS.
My opinion on this is that your friend marries his girlfirend and then, after his oath, files for the AOS. He'll probabily have to bring the marriage certificate with him at the interview.
I think options 3 and 4 are not very good ideas at all.
Hope this helps.
 
I understand option #1 would be the best, I have no experience in FB green card, but I know that it is always the best to cover every single aspect. Becoming illegal is never a good idea.
I was looking for some inputs which would provide her with PROS and CONS of every option, and new ideas (based on your knowledge and experience) as well.
Thank you for your input
:)
 
The only difference between #1 and #2, in terms of pros cons, is that in the first case he might have to wait a bit for his oath because of the changes made in the N400 (he got married and has to inform the IO). But this is not a big deal at all. He'll have to bring a certified copy of the marriage license to his interview and tell the IO that he got married. The IO then will make respective changes on his N-400. The one small possible con for the option #2 could be the suspicious that she married him for GC. But this is easily fixed by providing appropriate proof that they live toghether, share the same assets, etc.

On the other hand, the options #3 and #4 have only cons. That is she'll be illegal in this country and will have to explain, later on, to the as IO why she did it. It might be very tough to get a GC for her in that case. And the most important thing is that he'll get his USC in a very short time. It's not worth do go the illegal route at all; no matter what. That is my opinion.
But you'll see on this forum that some people do all kinds of things and get away with it.
 
I married when I was a PR. We filed I-130,had it approved and filed for I-485 after I became a citizen. Why should somebody want to stay illegally when you don't have to?. I will pick 1 or 2.
 
Option 1

I was in the same situation few months back. I got married to my wife when she was PR. But I waited till she became citizen for filing my case as she already applied for citizenship and was just awaiting for the process to complete.
So I suggest option 1.
 
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