Getting married to GC Holder NOT USC - Please HELP!!

[OleMissRebels]

Hi there,

I am in AZ area and am getting married to my long term bf who is a GC holder but is NOT a USC. I came as a sutdent on F1 so IF I marry him, wouldn't that compliacate issues? Also, can he sponsor me even though he is NOT a USC but only has a GC?

Please let me know if it is possible for him to sponsor me even though he is only a GC holder not a USC and if this a wise decision as we plan on getting married anyway just a matter of whether it be in the US or back home. Thank you very much.
KD

[OleMissRebels]

Hi there,

I am in AZ area and am getting married to my long term bf who is a GC holder but is NOT a USC. I came as a sutdent on F1 so IF I marry him, wouldn't that compliacate issues? Also, can he sponsor me even though he is NOT a USC but only has a GC?

Please let me know if it is possible for him to sponsor me even though he is only a GC holder not a USC and if this a wise decision as we plan on getting married anyway just a matter of whether it be in the US or back home. Thank you very much.
KD

[Pasha Patel]

Hi

He can file petition for you but you will have to wait before your dates / preference become current ... so best thing for you to maintain your status right now and wait ... once he becomes USC then you can go for petition.... Well in that case even if you don't maintain ur lawful status ... usually they forgive spouses of USC ...that's what I read everywhere... good luck... Pasha

[OleMissRebels]

Pasha,

What do you mean by " but you will have to wait before your dates / preference become current"?? Can he or can he not sponsor me WITHOUT USC? Do I HAVE to wait to get married until he gets his USC or can we marry now and he be able to sponsor me even thougth he is a GC holder only not USC?
Thanksyou.

[Pasha Patel]

Hi OleMissRebels,

You can get married anytime you want... and he can even petition you right now.... But the difference is ...

For spouses of GC holder there is waiting period that you will have to go through before your petition gets approved and you will be granted GC.... Even if he files right now ... he can still update your preference for getting GC once he becomes USC...

For spouses of USC there is no waiting period and their preference is always current .... ( that means visas are always available for them)

In my humble opinion you can get married anytime you want ... even right now... you should maintain your status ... if not then also no problem as per I read everywhere..... but if u can you should definitely maintain your status ... and then once he becomes USC ... he should file petition for you.... I guess things are more clear now... wish u all the best... PAsha

[sup]

First off it's a two fold process:
1) Your spouse (USC/LPR) files and immigrant visa petition form I-130 on your behalf with the CIS.
2) State Department issues you an immigrant visa followed by a green card from the CIS.

Your LPR spouse can petition you as an immediate relative (step 1) but you can NOT adjust your status while in the U.S. or go through consular processing if outside the U.S. (step 2) until an immigrant number is available to you from the State Department. As a spouse of an LPR you fall under 2A preference category for the numerical visa limitation with the priority date (the date when I-130 was filed) of Mar 01 2000. http://travel.state.gov/visa_bulletin.html This means the the visa number is available to spouses of green card holders who have an approved I-130 filed on their behalf on or before that date.

If you marry your LPR spouse, he files I-130 for you and you leave the U.S. with pending/approved I-130 you won't be able to return until a visa number is available to you. If you stay in the U.S. pending/approved I-130 does not change your status to legal if your F1 expires. Only pending I-485 (app for adjustment of status) will make you legal. You can't file I-485 once again until a visa number is available.

You can always upgrade you pending/approved I-130 when your hubby becomes USC which will make a visa number immediately available to you.

[JohnDoe]

When did your spouse-to-be get green card? How long does he/she have to wait to become USC?

If you dont need GC now, just marry NOW, and then wait for him to become USC and then apply for GC at that time.

If you do this, you will:
1.Get GC right away at time you apply, as long as at date of GC interview your marriage will be more than 2 years old.
2.Be forgiven for being out of status;
3.Save time.I belive its shorter this way to just wait.Once you send in application with him as GC, am not sure how quickly they '***p up' your application if he/she becomes USC. You can be sure it will take you some time to get GC with him as GC holder.

Hint
Check how long it takes application #s for spouses of GC holders to become current and get an idea of which is better way to go by comparing with how much time he/she has left to become USC and get an idea which way is faster.

[JohnDoe]

I meant how efficient they are in b u m ping up applications when petitioner becomes USC from GC holder.