marrying a GC holder

C

CDR0027

New Member
I am outside US, and having F1, planning to come US. My fiance got his family based green card recently.

1. How can I marry him legally in USA, and stay with him.?

2. Is it true that, after marriage, If I leave US, reentry will be
difficult, as the intent of F1 is voided.

3. After marriage, Can my husband file I485 for me immediately
after marriage?

If so, how long will it take for me to obtain green card?
where should I stay while the process is going on? I mean can I
stay in US with my f1, Can I leave the country while the process
is going on, and return again ?

4. If I have H1,and then marry a GC holder, can I leave USA and
return back without any problem?

5. Is it true that, until my fiance gets his citizen ship, he cannot
file i485 for me and cannot get married legally?

Please advise.

Thanks,
CDR
 
you probably know the answer based on your questions.

1) of course. you could marry.
2) that is true. you have intention that does not fit F1
3) No. He could file I-130 (petition). however, it takes 5 years for approval. During this period, you need to keep valid status (F1 or H1). Only after approval, you could file I-485.
4) yes. H1 allows immigration intention.
5) you always could get married legally in the US. It does not matter your status even if you are out of status. that is different issue from your immigration status. actually Marriage License office just need your driver's license or passport to verify it is you. it does not bother asking your visa status.

Because of reason mentioned in (3), many people wait till becoming citizen since a citizen could file I-130 and I-485 together.
 
Thanks for your reply.

Filing I-130 itself void F1 status intent and in future, does this create problems.
Do we have a round about solution for this situation.

Please advise.

Thanks,CDR
 
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