ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

RSS feed

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Seminars

CLE Workshops

Immigration books

Classifieds

Advertise

VIP Lawyer Network

EB-5

High Net Worth

Custom Content

Dubai Events

Find HNW People

Custom Events

Custom Services

Professional Services

About ILW.COM

Connect to us

Careers

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily

 



ilw.com VIP


The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
© 1995-2014
ILW.COM,
American
Immigration LLC.

Results 1 to 4 of 4

Thread: Can (should?) a Permanent Resident marry a F1 abroad?

  1. #1
    I'm writing to seek some advise/direction regarding I and my fiancee's visa
    situation. I hope someone can help.

    I have been a Permanent Resident of the U.S. for more than 5 years. My fiancee is on a F1 student visa and we wish to be married in our country of birth.

    What would be the right/best way to proceed? We think that it might be best to return to the U.S. with her still on her F1 visa, and then
    proceed to apply for a Green Card for her as we settle down here. However, I see from other discussions on this forum that this may be viewed unfavorably by the immigration service. What should we expect if we plan to submit a visa change request at the embassy in our home country?

    We are also wondering how long it usually takes for the change in status to be completed, and what her status will be in the intervening period. Will she be able to work soon, if she wishes, or will that have to wait? I
    understand that there's a backlog of several years for visas.

    How long does it take to change from LPR to USC, if it comes to that?

    Would it be prudent to engage a lawyer or is all this a trivial process, and how much might it cost?

  2. #2
    I'm writing to seek some advise/direction regarding I and my fiancee's visa
    situation. I hope someone can help.

    I have been a Permanent Resident of the U.S. for more than 5 years. My fiancee is on a F1 student visa and we wish to be married in our country of birth.

    What would be the right/best way to proceed? We think that it might be best to return to the U.S. with her still on her F1 visa, and then
    proceed to apply for a Green Card for her as we settle down here. However, I see from other discussions on this forum that this may be viewed unfavorably by the immigration service. What should we expect if we plan to submit a visa change request at the embassy in our home country?

    We are also wondering how long it usually takes for the change in status to be completed, and what her status will be in the intervening period. Will she be able to work soon, if she wishes, or will that have to wait? I
    understand that there's a backlog of several years for visas.

    How long does it take to change from LPR to USC, if it comes to that?

    Would it be prudent to engage a lawyer or is all this a trivial process, and how much might it cost?

  3. #3
    Since you are an LPR, and not a citizen, your soon-to-be wife will not be able to apply for an adjustment of status (AOS) until your I-130 form is approved. She will not be able to work either. Because you are an LPR, the approval may take many years. Supposedly, wives of citizens don't have a quota and it should take less time, and even they wait for 2 years sometimes (they can , however, work in the meanwhile, unlike your wife). Your wife will be a subject to a visa number quota, and all the time she is waiting for the approval of the I-130 form, she will have to maintain her F-1 status if she wants to stay in the U.S. or any other non-immigrant status. Or she can wait outside the U.S. I am not cruel, I know it's impossible.

    In any case, depending on when you are eligible for citizenship, it might be better if you get your citizenship first, and then she will be able to apply to adjust her status right away, and will not have to maintain her F-1 status anymore. Well, that could take years as well.

    See, your being LPR does NOT help her immigration situation at all. Being married to you may be an obstacle if she has to get a new F-1 or other non-immigrant visa if she leaves the country and does not have a multientry visa already. It doesn't hurt her if she chooses to stay in the U.S. for the duration of her F-1 status or needs to extend it without leaving.

    IN any case, you can still apply for her I-130 as soon as you get married, but you have to keep in mind that her chances of getting a non-immigrant visa after that are 0.

  4. #4
    Can they marry? Yes. Should they marry? That depends on whether or not they want to spend the rest of thier lives together.
    Have a nice day

Similar Threads

  1. Permanent Resident for 15 Years but Live and Work Abroad
    By TimeTraveller in forum Immigration Discussion
    Replies: 5
    Last Post: 07-14-2010, 10:55 AM
  2. can permanent resident marry some one from other country?
    By vesta in forum Immigration Discussion
    Replies: 5
    Last Post: 12-18-2006, 05:54 PM
  3. US citizen resident abroad sponsoring child for LPR
    By stefano in forum Immigration Discussion
    Replies: 8
    Last Post: 03-20-2006, 06:08 PM
  4. Permanent Resident wishes to marry Belgian
    By Johnruu in forum Immigration Discussion
    Replies: 4
    Last Post: 01-30-2006, 11:14 PM
  5. I-131 --- us resident going abroad
    By in forum Immigration Discussion
    Replies: 4
    Last Post: 07-22-2003, 01:42 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: