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  • Spouse Green Card

    Hi guys,

    I am currently on OPT. My comapny is filing for my Permanent Residence (now working on submitting PERM). Since I have an advanced degree from a US institute, I expect to receive my Advanced Parole in no later than 6 months, hopefully.

    Here is the problem. My girlfriend is currently outside the US. She has been admitted to a top-tier US university and is supposed to enter the US in Summer with an F-1 visa. We are planning to get married and I am considering the most efficient way to get our green cards as soon as possible.

    Here are the different scenarios that I can think of:

    1) I go ahead and file for my status adjustment as soon as I can. She arrives and we get married. It seems that I will receive my Advanced Parole in 6 months, but how about hers? Will it take her several years to get hers or will she get hers almost at the same time as mine?

    2) I hold for a few more months after I receive my Labor Certification. We get married and then file for a status adjustment together. How long this one will take?

    Thank you all in advance.

  • #2
    Hi guys,

    I am currently on OPT. My comapny is filing for my Permanent Residence (now working on submitting PERM). Since I have an advanced degree from a US institute, I expect to receive my Advanced Parole in no later than 6 months, hopefully.

    Here is the problem. My girlfriend is currently outside the US. She has been admitted to a top-tier US university and is supposed to enter the US in Summer with an F-1 visa. We are planning to get married and I am considering the most efficient way to get our green cards as soon as possible.

    Here are the different scenarios that I can think of:

    1) I go ahead and file for my status adjustment as soon as I can. She arrives and we get married. It seems that I will receive my Advanced Parole in 6 months, but how about hers? Will it take her several years to get hers or will she get hers almost at the same time as mine?

    2) I hold for a few more months after I receive my Labor Certification. We get married and then file for a status adjustment together. How long this one will take?

    Thank you all in advance.

    Comment


    • #3
      B umping up this thread
      -----------------------------------------------------------------------------------------------
      God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too

      National Domestic Violence Hotline:
      1.800.799.SAFE (7233) 1.800.787.

      Comment


      • #4
        Dude,

        Get a GC is not like buying peanut butter and jelly in wal-mart, you take, bring to the cashir waiting for short line then you pay it. All is just about time, if you want to go first just go head. Don't make look like you making hollywood movie with the nice arrangement scenario. Wish u luck

        Comment


        • #5
          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by carryme:
          Hi guys,

          I am currently on OPT. My comapny is filing for my Permanent Residence (now working on submitting PERM). Since I have an advanced degree from a US institute, I expect to receive my Advanced Parole in no later than 6 months, hopefully.

          Here is the problem. My girlfriend is currently outside the US. She has been admitted to a top-tier US university and is supposed to enter the US in Summer with an F-1 visa. We are planning to get married and I am considering the most efficient way to get our green cards as soon as possible.

          Here are the different scenarios that I can think of:

          1) I go ahead and file for my status adjustment as soon as I can. She arrives and we get married. It seems that I will receive my Advanced Parole in 6 months, but how about hers? Will it take her several years to get hers or will she get hers almost at the same time as mine?

          2) I hold for a few more months after I receive my Labor Certification. We get married and then file for a status adjustment together. How long this one will take?

          Thank you all in advance. </div></BLOCKQUOTE>
          Depending on where your girlfriend is from, there is a wait time of at least 3-5 years before she will become current to process the green card. It might be better for her to come in a a F-1 visa. If you marry, have her keep the F-1 visa and if or when you become a citizen, you can adjust her status more easily.

          She would have an easier time getting a green card based on employment given her educaitonal background and job potential. Filing for adjustment when you are a green card holder, not a USC, will muck up the works for her and keep you apart longer. Hope this helps.
          "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

          Comment


          • #6
            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted
            Here is the problem. My girlfriend is currently outside the US. She has been admitted to a top-tier US university and is supposed to enter the US in Summer with an F-1 visa. We are planning to get married and I am considering the most efficient way to get our green cards as soon as possible.

            </div></BLOCKQUOTE>


            It sounds like you are on the precipice of "Immigration VISA Fraud" tread very lightly.

            Your application and your future spouse's application are two separate and distinct applications and cannot be considered together.

            Unfortunately for her she has now the problem of entering the US on a Student VISA which is a TEMPORARY VISA with the "Intention" of MARRYING YOU in order to permanently migrate here.

            When she does enter the country under false pretenses on the F-1 Visa she will have committed IMMIGRATION FRAUD. If the government ever questions this you could have years of legal trouble and possible bar for her to even come here.

            If you marry her before she comes on her F-1 then and she enters on the F-1 and then tries to adjust status you will still have her entering here on a temporary Visa but with "intentions" of permanently migrating here.

            As a previous poster indicated if you are truthful and you should be because its THE LAW OF THE UNITED STATES not to lie to Immigration officials you will have to wait for several years to have her come here. That is because LPR's do not have immediate follow to join as do US Citizen spouses.
            "Being all fashioned of the self-same dust let us be merciful as well as just"
            Henry Wadsworth Longfellow

            Comment


            • #7
              RW,
              You need to be careful when you start thrwoing words like "immigration fraud" based on circumstantial evidence with intent. You are correct the applications are two separate petitions. However, if she comes on a F-1 visa, even though she is dating someone who is here, then that is not contentious to marriage by any degree whatsoever. And that may be the op's ultimate gaol, it may or may not work out.

              It would be better for them not to marry now, have her obtain her schooling while she is here, and then perhaps marry in the future.
              "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

              Comment


              • #8
                If you are already in the process of filing AOS through Employment, are you now in H1? If so, then you can go back to her country, marry her legally and sponsor her in H4.

                She then can enter using in H4 and can continue study as well. She can be added to your AOS as dependent and will get GC at the same time you are going to get as well.

                Thanks

                Comment


                • #9
                  <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Retro-affect:
                  If you are already in the process of filing AOS through Employment, are you now in H1? If so, then you can go back to her country, marry her legally and sponsor her in H4.

                  She then can enter using in H4 and can continue study as well. She can be added to your AOS as dependent and will get GC at the same time you are going to get as well.

                  Thanks </div></BLOCKQUOTE>

                  I concur; get married BEFORE you get your GC and she can come back here with you (or whenever after) and will not have to do the interminable wait for her to get her green card. And yes, getting a Visa if the consular officer knows that she is planning to get married will almost certainly be denied (that's actually dumb because eventually you will become a USC and then no consular officer can do squat about her getting in) DO NOT WAIT ON YOUR GREEN CARD.

                  This btw is going to be faster than getting her green card from her prospective employer and I am sure that her academic program will take at least 2 years and then the labor cert, current date etc.

                  Top-tier school is not a guarantee of a job; I remember that several fellow MBAs at my "top tier" school heading back home because they did not get jobs here

                  Comment


                  • #10
                    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by klinus:

                    Top-tier school is not a guarantee of a job; I remember that several fellow MBAs at my "top tier" school heading back home because they did not get jobs here </div></BLOCKQUOTE>

                    FIRST of all, this is America and u come off pretty snobby!! That DOES NOT fly here. A college education does not guarantee you 3 steps ahead!! Street smarts is what makes it in America. And believing in the Red,White, & Blue!! This is one country where so many have started with nothing!! And have such success!! It's beautiful! The only thing you need to concentrate on is speaking English whilst you are here. And understanding it when it is spoken to you!!

                    Comment

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