Apply for greencard through marriage?
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Apply for greencard through marriage?
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I'm an international student, using OPT right now which will expire in OCT 09. Me and my b/f live together for 2 years and now want to get married (we can get married anytime whenever it's the best time for me to get the greencard easiest&fastest). My b/f right now is the permanent resident. He already applied for the US citizenship (in Jan09) and just went to the fingerfrint on Feb 17,09. Me and my b/f prefer that i don't have to leave the US while i'm waiting for the greencard because we will open the business here together after my opt expires. Here are the questions that would like you all to help;
1) Will the date of marriage (i mean marry before & after my b/f becomes US citizen) affect my greencard application processing time?
2) should we get married as soon as possible or it's better to wait until my b/f becomes the citizen ... which way is better to faster the process of getting greencard?
3) In case that we get married before my b/f becomes citizen, should we file form I-130 right after the marriage or wait until he becomes the citizen?
4) In case that my b/f becomes the citizen before my OPT expires and then file the I-130 for me, will the USCIS give me the permission to wait for the greencard application process legally in the US? Or i have to go back my country to wait?
We are afraid that my b/f wouldn't become the citizen before my OPT expires, so i would have to leave the US and wait outside the US for a year or more than that...Is there any ways to help?
Thank you so muchhh
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pianojangee
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1) No.
2) If you get married after he becomes Citizen, it will look as if you are using him for green card. You can get married when you want to.
3) After marriage, he can file I-130. However, it will be treated as the spouse of Green card holder. Meaning it will be under the piles of all other application. Even if he update his status after becoming US Citizen, it will take so long for USCIS could locate, update and process.
4) Once he becomes US Citizen, you guys can file I-130, I-485, I-131, I-765 all together. Once you get the receipt of I-485 Adjustment of Status, your status change to Pending AOS Status which let you stay in US legally until the green card interview.
Also, with the approval of I-765, you will get EAD Card which lets you work.
I'd say, get married and prepare all the forms, required documents and evidences to file as soon as he becomes US Citizen.
http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2 |
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LV-Gnome
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There is really nothing you can do to speed up the process.
Your boyfriend can sponsor you after your marriage, but if he's only a permanent resident at that time you would be unable to adjust status within the US and would have to return to your home country to wait.
That said, he can sponsor you as a permanent resident and upgrade the petition once he becomes a citizen, after which a visa number would be available immediately.
If he becomes a citizen prior to your OPT expiration, yes, you would be able to adjust status in the US.
Citizenship takes time though. As does the process to become a permanent resident. If I were you, I'd still prepare for the possibility that you will need to be separated for a while. If you have a strong relationship, everything will be fine. Tough, but fine. |
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ibu guru
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You had better wait until your bf becomes a citizen. If your visa expires before his citizenship comes through, go home. If you apply while he is not a citizen, you will probably have to go home and wait anyway since non-citizens cannot sponsor immigrants. |
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said dollars
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i think that it should be better to let ur bf get his greencard before try to start something.in this way it will be easier for u |
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