Marry while have gc or after citizenship ?

H

handxx

Registered Users (C)
Okay , I have a really complicated and hard situation here. I need your valuable advise.

Here is the whole situation : My gf has been in the US with the J1 visa , her visa will expire by september 7. I have a gc right now and my citizenship interview will be in 10 days.. If i do not marry her before she leaves, she will be out of status and need to go to her county..

What are the disadvantages or advantages to marry with her while I have the GC ? My interview will be in 10 days but I can not say when I will have OATH or will pass the interview. So, if i marry with gc, does it can effect my citizenship process ??

After marry her , should I wait to apply for her gc until I become citizen ? How long it usually takes for her to get a GC ? After she gets her GC , can we travel abroad ?
 
It makes no real difference when you get married, since the mere fact of marrying your girlfriend does not give her any legal status in the U.S., whether you are a permanent resident or U.S. citizen.

If you get married now, it is still advisable for you to wait until you become a U.S. citzen and to file a g.c. application for your (future) wife only after that.

The reason is that for spouses of U.S. citizens there are no annual quotas and no waiting for the visa number availability. For spouses of permanent residents there are such quotas and one usually has to wait years before being able to file for adjustment of status (form I-485) even after the immigrant petition (form I-130) is approved.

The g.c. process in marriage-based cases always consists of two steps: filing of I-130 (which establishes the formal basis of eligibility for a green card) and then I-485 (application for a green card itself).
Only having filed I-485 gives the person a legal status in the U.S.

In marriage-based cases, for spouses of U.S. citizens an I-130 and an I-485 forms can actually be filed concurrently, in a single application. So if this is done for your wife after you become a U.S. citizen, this will indeed allow her to retain legal status in the U.S.

For spouses of green card holders, I-130 and I-485 cannot be filed concurrently. After I-130 is filed, one would have to wait for its approval and after that for the visa number in the appropriate immigration category (under the annual quota) to become available before I-485 is filed.
 
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Thanks for your answer . So here is the next question then, if you do not mind to answer..

My gf needs to go by sept 5 because that is the last day for her to stay legally in US, after sept 5 she will be illegal I guess..Is it better for her to go to her country and wait until I become citizen ? If she goes back to her native country and if i become a citizen in couple of months, how the whole process will take place ? Should i file documents for a fiance visa or how she can come to US ?

I really love and trust her but I want to finish this process less painful for her. After I filled the required forms for her and bring her here , our interview will be in 2 years or immediately ?? As far I know after I -130 and I 485 got approved , she can get a GC , but still we have to go to an interview and proof that it is not a fake marriage right ??


And the last question is after she gets her GC , can she travel abroad with me for my job purposes ? Or she has to stay in the US whole time, while we have an interview ?
 
handxx said:
Thanks for your answer . So here is the next question then, if you do not mind to answer..

My gf needs to go by sept 5 because that is the last day for her to stay legally in US, after sept 5 she will be illegal I guess..Is it better for her to go to her country and wait until I become citizen ? If she goes back to her native country and if i become a citizen in couple of months, how the whole process will take place ? Should i file documents for a fiance visa or how she can come to US ?

I really love and trust her but I want to finish this process less painful for her. After I filled the required forms for her and bring her here , our interview will be in 2 years or immediately ?? As far I know after I -130 and I 485 got approved , she can get a GC , but still we have to go to an interview and proof that it is not a fake marriage right ??


And the last question is after she gets her GC , can she travel abroad with me for my job purposes ? Or she has to stay in the US whole time, while we have an interview ?
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I can't really answer most of these questions since I myself went through the employment-based immigration and don't know much about the family-based immigration process.

I suggest that you repost these questions in the Family-based green cards section of this forum, http://forums.immigration.com/forumdisplay.php?f=39 rather than in the citizenship section.

My vague memory is that for immediate relatives of U.S. citizens (such as spouses) it is possible to adjust status to that of a permanent resident (i.e. have I-485 approved) without leaving the country even if they have briefly fallen out of status/overstayed their visa. But you really need to double-check this.

Regarding you other question: if you file I-130/I-485 after immediately becoming a U.S. citizen and they are approved, you wife would first receive a conditional green card. After 2 years of marriage you and her would have to file another application, form I-751, in order to convert her conditional green card status into a permanent unconditional one.
 
handxx said:
My interview will be in 10 days but I can not say when I will have OATH or will pass the interview.
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Hi, I can't answer any questions but have a question for you. Does the DO were your interview is at have same day Oath? You may be a Citizen by the 25th of August. :D
 
I agree, the question is slightly better for the family immigration forum. I think you should marry her whenever is convenient for both of you. I believe small out of status situations are forgiven for spouses of US citizens. So, if you become a citizen in a few weeks and you have married your girlfriend and apply for a GC for her (once you are a citizen) I think it should work out well and she doesn't need to go back to her country.
 
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