Husband is USC; Filing Green card for me

[Amanda626 0]

Hey all!

i have been a major visitor on visajourney.com, but i just registered today.

i am not married yet though. my fiance is in the process of filing for his USC, he has been in the United states for about 9 years (LPR) and he is getting ready to file his citizenship.

we decided to hold off our wedding until he gets his citizenship so that my non-USC status does not affect his process.

i am here in the United States on F-1 visa, I have never been out of status. My OPT expires at the end of this month and I have been accepted into another school for my Masters which starts in August.

My question might seem to be coming a little too early since my fiance has not gotten his USC yet, but i like to do my things on time and in order.

I have been looking here and on other websites to figure out what documents/forms we would both need to file for my green card? I know there are a million and one of them and things that we need to put in our package when sending them out. Also, when do you think we should get married? I was thinking that we should go ahead and do it once he gets his appointment letter for the test, but I don't know.

Please help us so we dont have to get a lawyer! lol

Thanks in advance for all your help and I apologise if I am posting under the wrong forum.

[Bobby+Umit 161]

to start with.

[Amanda626 0]

to start with.

Thanks! I did read the guides! It just seemed so long and complicated and i figured there had to be a shorter way out

but yea...i guess i'd just read the guides and see.

i am guessing i have to fill out all the forms besides ths i-131?

Thanks...i guess i cant get through this by being lazy

[Bobby+Umit 161]

to start with.

Thanks! I did read the guides! It just seemed so long and complicated and i figured there had to be a shorter way out

but yea...i guess i'd just read the guides and see.

i am guessing i have to fill out all the forms besides ths i-131?

Thanks...i guess i cant get through this by being lazy

No - being lazy will not help you in this matter...

This is what you will probably want to do.

[Amanda626 0]

Yea, but you have not suggested a time for us to get married, i mean, at what point of his process should we get married so that it does not affect his USC?

Please note that we are getting married for real (even though we are going to have a big wedding eventually). we have been dating for 2 years and have been best friends for 5 years.

we have pictures of us together and even with each other's parents from birthday parties, graduation and the likes.

[YuAndDan 153]

Moving this to AOS from WORK\STUDENT (F1)\Visitors visa forum

Yes husband needs to first be a citizen inorder for you to be able to adjust status. The I-130 that will be needed to be attached needs to be for a visa class that would get an un-limited class visa. Spouse of a CITIZEN gets un-limited class.

[YuAndDan 153]

Yea, but you have not suggested a time for us to get married, i mean, at what point of his process should we get married so that it does not affect his USC?

Please note that we are getting married for real (even though we are going to have a big wedding eventually). we have been dating for 2 years and have been best friends for 5 years.

we have pictures of us together and even with each other's parents from birthday parties, graduation and the likes.

Being married should not affect citizenship process.

[Amanda626 0]

Thank you very much!

We definetely cannot get married before we send the documents in, I need to buy my dress and all that plus we want a date that is somewhat significant to the both of us (or at least me)

would it seem like he lied if when he turned in his application for his USC, he was single, but before the process was completed, he suddenly got married?

about how many days will it take for him to get his USC and if he files for me a few days after he gets his, how long will it take for me to get mine? (I know there is no set time, but what have the timelines been recently?)

we are thinking about travelling out of the country together on vacation in December, but I dont want to set my hopes on that if it is impossible!

[YuAndDan 153]

Thank you very much!

We definetely cannot get married before we send the documents in, I need to buy my dress and all that plus we want a date that is somewhat significant to the both of us (or at least me)

would it seem like he lied if when he turned in his application for his USC, he was single, but before the process was completed, he suddenly got married?

about how many days will it take for him to get his USC and if he files for me a few days after he gets his, how long will it take for me to get mine? (I know there is no set time, but what have the timelines been recently?)

we are thinking about travelling out of the country together on vacation in December, but I dont want to set my hopes on that if it is impossible!

Citizenship can take several months to process, then get interviewed, take a test, and then attend an oath ceremony.

Note if he becomes a citizen, then you marry and file to adjust status. You WILL need AP document in hand in-order to travel, having a valid F-1 will not protect adjustment of status, you WILL need AP document or Green-card IN-Hand Before you travel out of the country.

[Amanda626 0]

lol! i am a newbie "AP?"...I am still learning USC and LPR!

yea...we are in no real hurry to get my green card (at least not yet!), i am going back to school and i am not going to be in any trouble when it comes to remaining in the country for at least four years (the length of my program).

thanks for your answers though, they are really appreciated! i guess when we start the process (sending out docs for his citizenship in a few days), i will keep everyone posted!

[YuAndDan 153]

lol! i am a newbie "AP?"...I am still learning USC and LPR!

yea...we are in no real hurry to get my green card (at least not yet!), i am going back to school and i am not going to be in any trouble when it comes to remaining in the country for at least four years (the length of my program).

thanks for your answers though, they are really appreciated! i guess when we start the process (sending out docs for his citizenship in a few days), i will keep everyone posted!

Advance Parole, this is applied for by filing an I-131 with the I-485, the resulting doc allows you to travel and then re-enter the USA.

Even though your F-1 may allow this without AP, traveling without AP will get the pending adjustment of status canceled.

[Amanda626 0]

I hope someone reads this so I dont have to start a new thread...

what is the difference between the i-130 and the i-485?

both seem to require the same things...but neither one had "(optional)" beside it in the guides. If my husband is a USC when he files for me, do we need to fill out both forms, or do we just fill out the i-130?

thanks again for all the help!

[Amanda626 0]

does that mean we need to fill out the forms that they both ask for twice? eg the G-325A, should i fill ouit two copies and my husband fill out two copies too?

they all go in the same packet, right?

thanks!

[KIMCORENE 0]

Reading the Guides again and more slowly may help with giving you the basic information which you will need for this process. They may seem cumbersome but it's much easier to have the correct info for yourself from the beginning of the process. With that said- the I-130 and I-485 are two completely different forms which serve different purposes and therefore must be filed together. The I-130 is a petition filed on your behalf by the USC (the petitioner) of which you are the beneficiary- the Guides point this out. The I-485 is filed by you, in this case, the applicant, in order to adjust status. The Guides also state this.

Terms in bold are a few of those vital for undertaking this process and, once again, are clearly defined in the Guides. Gee, those guides must be helpful...