marrying a student

G

gbandi

Registered Users (C)
I am GC holder since 1992, applying for US citizenship PD 5/25/2004. My fiancee is on F1-OPT which expires 7/2005. She has been living me since last 2 years (since she moved from India) . Iam planning to apply for her GC when i get my citizenship (about 1 year).

Questions:
At what point should we get married? after my interview, after my oath, now?

we will file 130/485/765/131 together
should she use her maiden name?
is it unsafe to apply 485/AOS (family based) from F1 status?
how long does it take for EAD to come back after i apply?
what is her status after applying for EAD (she is cuurently on OPT/EAD)?
what are the cahnces of 485 getting rejected?

answers appreciated

Gaurav :cool:
 
you can get married at any point
she can file for AOS after you get your citizenship. If she changes her name to yours in the States by changing it on her SSN card and driver's license, she can file the applications in her married name.
It's not unsafe to file from F-1 status. I did it, and so did lots and lots of other students.
after you apply, you will wait for several months to get her EAD. However, after 90 days from the notice of receipt you can go to the local INS office and get an interim EAD issued right away
after she applies for AOS, her new status will be AOS pending
if your marriage is not a fake, chances of I-485 getting rejected are small


be aware that it may take a long time (more than a year) between your application for citizenship and your actually going through the oath ceremony (and being able to apply for your wife's immigrant visa and her AOS at the same time). Your wife's current F-1 program may expire by then, and she will have to return to school to extend her F-1 status until the moment she can apply for AOS. Be ready for it.
 
thanks

great answer LucyMO, thanks a lot

some more questions

#1. If we get married after my interview, should I apply for her I-130? will that expedite her application (EAD) once i get my oath by letting INS know about the change in my status? if we get married, will it be difficult for her to get a F1 (married to PR) if needed?

#5. should she change her name after being married in that case? does it help in getting the visa application approved?

#6. If we get married after my oath ceremaony, will it be obvious to INS when we apply for AOS, 130 and EAD that we married recently for the visa? will that effect our chances of getting a visa?

thank again buddy
 
whether you get married before or after the interview, if you apply for her gc after you were granted citizenship, you will file I-130, I-485, EAD and (if you want to) advance parole at the same time at your local office.

If you apply for her gc before your oath, you can only file I-130 for her, which means no AOS, no EAD and no advance parole. You will have to wait until I-130 is approved. Or file a new I-130 with the entire I-485 package after the oath. It's a waste of money - I did it by mistake, and now I am going to refile a new I-130 with my I-485 package. Just wait and file after you become a citizen.

I changed my name on my SSN card with a marriage certificate. I cannot change my Driver's license yet, mine is good for another 7 years, and if I applied now the new license with a new name - in the State of GA it would only be good for a year -- the duration of EAD. Each state has a different rule on it. So, my SSN and my green card applications are in my married name, everything else -- maiden name. No problem.

Get married before the ceremony and file after - no problem. :) Get married and file after the ceremony -- no problem either. Lots of people wait until their spouses/fiances become citizens to file for immigrant benefits.

We got married in August 2003, but I am just now filing for my AOS (my OPT will end in two months). Has nothing to do with my hubby's citizenship, though. :)
 
ok, a correction.

if you file I-130 now, you will not have to refile i-130 with the adjustment of status package. You will need to attach a copy of the receipt for I-130 with your I-485 package, and I-130 will be transferred from the District office to the local office by the local office. These new rule went into effect in April 2004.
 
Same situation

Hi,
I am applying for AOS I485/1765/I131 Based on my husbands citizenship.
I had changed last name on every document, except my SSN. On my SSN still my maiden name is there. Will it cause any problems.

Thank you
 
not really. I can't see why. but you may want to change it anyway. It's free, all you have to show is your marriage certificate and proof that you are here legally. Lots of people don't change their name at all.
 
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