File GC for my wife

[cmn]

Hi;

I have a GC and I am planning to get married, my fiancee is in the US on F1 status. What is the process to file for her GC.

In addition I have these specific concerns:
1: When I file a GC for her what will be her status? can she still go to school? will the F1 still hold?
2: Will she be able to travel outside the country when the process is going on? Is there anyting in addition I need to do to make sure that she can travel outside the country?
3: Should I file now or just wait till I become a citizen?
4: We are planning on getting married outside the country, is that ok? or should we get married inside the country itself? to prevent re-entry issues for her?

[cmn]

Hi;

I have a GC and I am planning to get married, my fiancee is in the US on F1 status. What is the process to file for her GC.

In addition I have these specific concerns:
1: When I file a GC for her what will be her status? can she still go to school? will the F1 still hold?
2: Will she be able to travel outside the country when the process is going on? Is there anyting in addition I need to do to make sure that she can travel outside the country?
3: Should I file now or just wait till I become a citizen?
4: We are planning on getting married outside the country, is that ok? or should we get married inside the country itself? to prevent re-entry issues for her?

[Kudris]

1. Her status will be in adjustment. Because of previous fraud abuses, an LPR's spouse does not have the same priority as that of a U.S. citizen and it can take up to 5 yrs. for her to properly and finaly adjust. As soon as you file and claim your marriage to her, her F-1 visa more or less becomes invalidated.

2. During the adjudication, it is not advisable to travel, even if you were to obtain an advandced parole permission. She will be most likely considered of having abonened her application.

3. It is probably going to be less hassle free and faster once you're a U.S. citizen. Just make sure that she is at all times in status!

4. If you get married outside the U.S. she can not return with you with the F-1 visa. She'd be regarded an intending immigrant now and returned at the port of entry for arriving with the improper visa. If you lie now and the port of entry, this information will be exposed sooner or later when you have to provide prove of marriage and it will only cause your case to be delayed or even denied.

My suggestion to you: have her continue her studies with the proper F-1 visa. Get your naturalization, marry, and file for right after. Good luck!

[Lucy]

If you do not wait until you are a USC, then you can only file I-130 for your wife and wait until it's approved before your wife could apply for adjustment of status. It may take several years, and in all that time your wife has to maintain her F-1 status or leave the country.

You can also wait until you become a USC, and then your wife will be able to file I-130 and I-485 (adjustment of status) at the same time. Once these are filed, she will not have to maintain her F-1 status, as her status will become "pending AOS". Until you file I-130 and I-485 she will have to maintain F-1 status.

In both cases you will have to wait for several years, unless you are a couple of months away from getting citizenship. However, it is still better to wait until you get US citizenship.