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Thread: Out of status F-1 married to a green card holder

  1. #1
    Hi Everybody!
    I am a green card holder since Nov 05 and I am thinking to get married to my girlfriend whom I have been together for about 5 years. She is out of status F-1 holder.
    * If we get married, once the I-130 approved can she get SSN and work permit while her papers in proccess?
    * What can we do at this point?
    * what is the benefit of getting married in her case? Can she stay in US while application is pending?

    Thanks

  2. #2
    Hi Everybody!
    I am a green card holder since Nov 05 and I am thinking to get married to my girlfriend whom I have been together for about 5 years. She is out of status F-1 holder.
    * If we get married, once the I-130 approved can she get SSN and work permit while her papers in proccess?
    * What can we do at this point?
    * what is the benefit of getting married in her case? Can she stay in US while application is pending?

    Thanks

  3. #3
    Unless u r a Cuban CU6, u need to become a US citizen

  4. #4
    Her F1 Visa is out of status by now? then she is officially subject to be deported if she won't leave by herself.

    I do not get it why people risk it.If you indeed love her so much,u guys could have arranged for her to go home,and for you to apply for a fiancee visa.

    But you are not even a U.S. Citizen....so its not gonna matter.
    Even as a U.S. Citizen,getting married does not always safe someone from not being sent home anyways,it happens alot.

    In this case its more likely to happen,because she is as of right now,out of status,in other words,illegal and wa ssuoppuse to leave before her visa expires.

    My advice,u guys file for a fiance visa.

    She will not get a work permit and in most states your f1 friend needs to show proof her current status in the US is legal and official.
    Her papers are exprired,she would not even get marriage license.

  5. #5
    For your information HBKHBK only US citizens can file for Fiancee visa.

  6. #6
    Nope. Green card holder can also file for K-visa or fiance visa but it's a lot harder. A USC is better and faster. The reality is, many of those who become out of status marry residents or US citizens just to stay in the US. The USCIS is very strict on this. It's often marriage of convenience. The burden of proof is yours not from them. Worse, it's discretionary on their part. Just a little suspicion can result in outright denial of application. But then, as long as one can show and proof that the marriage is entered into in good faith and genuine, then the guy still has a chance even if he's going to marry a permanent resident. It's better than doing nothing as an illegal alien. There are still some other options but marriage is the best so far.


    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by JF2007:
    For your information HBKHBK only US citizens can file for Fiancee visa. </div></BLOCKQUOTE>

  7. #7
    macyuhoo can you read INA 101(a)(15)(K)
    and tell me where does it say it can be an LPR?


    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb9...CM10000045f3d6a1RCRD

  8. #8
    Thats right only USC can file for K visa. Also if she leaves the county she will be subject to 10 year ban so she wont be able to reenter the county. My advice: marry her but dont do anything. Then when you become us citizen then file a petition for her.

  9. #9
    Thanks guys.
    I guess we will wait until I become USC then I can apply petition for her.

    or wait until US Congress passes the imm bill

  10. #10
    JF,
    Sorry I knew that.Only an american can file for a fiance visa.I was just not thinking right lol.

    Bottom Line,her status is expired and is illegal here as of now.She won't be able to even get a marriage license,since a non citizen has to show proof of her legal status here,and she won't be able to do that.

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