My girlfriend wants a green card

E

enamel

Registered Users (C)
Hi Everyone,

I really enjoy this forum and I learned a lot from reading here coming here. You guys are the best.

Basically, I only have a Greencard and my girlfriend who is on a student visa, wants to stay here.

My mom told me to apply for a citizenship (US Citizenship) this september because its been 5 years since I've had my GC (I got my GC through my mom who is a US citizen).

My questions:

1) what is the fastest way to help my girlfriend get a GC?
2) will having a US citizenship help?

Thanks!!
 
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becoming a USC is the best and fastest option there is, because that way you can send the whole package right away well and getting married I recommend you doing it before you become a USC, and it will all be good as long as it is a bona fide marriage
 
Hi guys,

I'm thinking long term and I would probably marry her anyways.

If we get married, would me having a US Citizenship help in her application for a green card? would it be faster? Should I marry her after I become a US Citizen (probably happen about a year from now) or right now?

Thanks a lot.
 
alboto said:
becoming a USC is the best and fastest option there is, because that way you can send the whole package right away well and getting married I recommend you doing it before you become a USC, and it will all be good as long as it is a bona fide marriage
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LOL. I didn't even read your post yet!

I guess this answers my question. I should get married first, then become a citizen, and then fill out the application for her.
 
enamel said:
LOL. I didn't even read your post yet!

I guess this answers my question. I should get married first, then become a citizen, and then fill out the application for her.
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But in the meantime, when she graduates (in just a few months from now), her student visa will expire. What will we do?

Thanks.
 
enamel said:
I guess this answers my question. I should get married first, then become a citizen, and then fill out the application for her.
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It doesn't really matter whether you get married first and then become a citizen or vice versa, unless you plan to wait for 2 years of marriage before filing for the green card. Completing 2 years of marriage before applying will enable her to get a 10-year unconditional green card upon approval, instead of a 2-year conditional card that will require more paperwork and possibly another interview after it expires.

However, once you get married, she should not leave the US until she has Advance Parole or a green card or H1B visa, because attempting to enter the US with a student visa while being married to a permanent resident or US citizen could result in her being refused entry for immigrant intent.
 
Jackolantern said:
It doesn't really matter whether you get married first and then become a citizen or vice versa, unless you plan to wait for 2 years of marriage before filing for the green card. Completing 2 years of marriage before applying will enable her to get a 10-year unconditional green card upon approval, instead of a 2-year conditional card that will require more paperwork and possibly another interview after it expires.

However, once you get married, she should not leave the US until she has Advance Parole or a green card or H1B visa, because attempting to enter the US with a student visa while being married to a permanent resident or US citizen could result in her being refused entry for immigrant intent.
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Hi,

Thanks for the message.

Please let me know if I'm making the right assumptions:


1) Getting a US citizenship (for me), doesn't really matter concerning helping my girlfriend/wife get a GC.

2) Getting married for two years, and then applying for a greencard for her, won't be any faster if I was a US citizen, than if I just had my existing GC?
 
enamel said:
Hi,

Thanks for the message.

Please let me know if I'm making the right assumptions:


1) Getting a US citizenship (for me), doesn't really matter concerning helping my girlfriend/wife get a GC.

2) Getting married for two years, and then applying for a greencard for her, won't be any faster if I was a US citizen, than if I just had my existing GC?
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No and no.

What I am saying is that there is no real difference between either of the orders below.*

1. Get citizenship. 2. Get married. 3. File for her green card.

or

1. Get married. 2. Get citizenship. 3. File for her green card.

The green card part must come after the other two, otherwise she will go into the 2nd preference category where there is a wait of over 4 years.


*except that if you want to wait until 2 years of marriage before filing for the green card (so she can directly get a 10-year card), it may be to your advantage to get married first in order to complete the 2 years sooner.
 
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Jackolantern said:
No and no.

What I am saying is that there is no real difference between either of the orders below.*

1. Get citizenship. 2. Get married. 3. File for her green card.

or

1. Get married. 2. Get citizenship. 3. File for her green card.

The green card part must come after the other two, otherwise she will go into the 2nd preference category where there is a wait of over 4 years.


*except that if you want to wait until 2 years of marriage before filing for the green card (so she can directly get a 10-year card), it may be to your advantage to get married first in order to complete the 2 years sooner.
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Hi Jack!

So, the best scenario would be to:

1) get married (this is what were going to do anyways regardless of citenzenship/immigration status).

2) I will become a citizen soon since I got my greencard back in December 2005.

3) wait until the 2 year period is up (marriage), then apply for my wife to get a GC.
 
Hi Enamel,

Looks like you are so confused. Your wife could apply for GC at any time after you two are married. You don't have to wait for 2 years after marriage. The difference is, if you apply after 2 years marriage, the GC she got will be unconditional GC and is valid for 10 years, if you apply before 2 years marriage, for example, you apply the same day when you get married, the GC she got will be conditional GC and is valid for 2 years only. After 2 years marriage, you two could file petition to remove the condition and she will get a 10 years GC.

Since you got your GC at December 2005, theoretically, you could apply for citizenship now (90 days before 5 years anniversary). It takes about 4 months to get your citizenship, i.e. you should expect citizenship at the end of March 2010 if you apply this week. By that time if you two are already married, you could apply for her GC the same day you get your citizenship. It takes about 3 months to get her GC. So you are looking at end of June or early July 2010 time frame.



enamel said:
Hi Jack!

So, the best scenario would be to:

1) get married (this is what were going to do anyways regardless of citenzenship/immigration status).

2) I will become a citizen soon since I got my greencard back in December 2005.

3) wait until the 2 year period is up (marriage), then apply for my wife to get a GC.
Click to expand...
 
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enamel said:
3) wait until the 2 year period is up (marriage), then apply for my wife to get a GC.
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If you are going to wait out the 2 years, your wife needs to either be outside the US or independently maintain legal status within the US for those 2 years, or she may be deported (and banned from reentering the US for years) if caught.
 
Just a minor correction: the GC will be not-conditional if you are married for more than two years at the time the green card was issued, not at the time of the original application.

And, I would recommend thinking twice before marrying.
 
ahruo said:
Since you got your GC at December 2005, theoretically, you could apply for citizenship now (90 days before 5 years anniversary).
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Dec 2005 + 5 yr = Dec 2010 not now. OP should wait till Oct 2010 before applying for citizenship.
 
thomas_psu said:
Triple, but if she doesnt have a job, the OPT will technically become after 90 days, right?
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I believe you're right. The new rule specifies a maximum allowed period of unemployment of 90 days for 12-month OPT and 120 days for 17-month OPT.
 
Hi guys,

So sorry to revise this old thread.

OK, so I'm seriously considering getting married to her.

Once were married (probably soon), and when I actually apply for her GC (I want the immediate one, and apply again after the conditional period is up), do I need to have an actual income to support her?
 
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Your future income has no impact on the application. You will need a joint sponsor since you will apparently have no income when you apply.

If she is on H1B, her income can come into the calculation.
 
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