US Green Card Holder wanting to marry a F1 Visa Holder

[Concernedperson 0]

Hi,

I recently acquired my green card and plan to shift to the US soon. My girlfriend is a non-US citizen. We plan to get married sometime later during 2017. However, I don't get to complete my naturalization process before late 2018. I was wondering if there is a problem if she applies for her postgrad studies in the US for Fall 2017, gets her F1 visa and then gets married to me. Masters programs are usually 1.5 years in the US and that would give me enough to complete my naturalization process by the time she completes her education. I really don't want a lengthy separation from her.

Is what I plan to do legal or does it have the potential to cause problems later for her immigration or my naturalization?

[LIFE'SJOURNEY 970]

Not sure if your numbers are correct.

How did you aquire Gc?

Naturalization is 3 yers if married to a USC.

Five years if GC aquired thru ay other process, so I think your timing is way off.

GC holder does not give spouse a right o AOS within the US.

GC holder can only petition wife or children and the window of time is a 3-4 years wait.

[Xanax 349]

Not sure if your numbers are correct.

How did you aquire Gc?

Naturalization is 3 yers if married to a USC.

Five years if GC aquired thru ay other process, so I think your timing is way off.

GC holder does not give spouse a right o AOS within the US.

GC holder can only petition wife or children and the window of time is a 3-4 years wait.

It's 2012. They will marry in 2017 which is 5 years from now ; in 5 years OP is able to apply for citizenship. His fiance will be in the US on a f-1 visa and after marriage then they will apply for AOS or CR-1.

I don't see a problem in the numbers?

---

OP, I don't see anything illegal in your plans, as long as your fiancee is planning to study and not use the f-1 just to enter the country.

The only thing that could look suspicious is if you married a USC, and divorced after you got your GC etc - but that's just my opinion and I don't know how you obtained your GC.

Edited August 31, 2012 by Xanax

[K & Z 1]

I think OP is talking about 2018 naturalization. So, it's more than 5 years.

Please note, if she is not going to pursue study and just get F1 visa to come and get married and establish residence here, that would be visa fraud. If she is here with F1 visa to study over here, she is perfectly fine to come over here and you guys can get married here in the US.

Once you guys are married, you can apply for her process, however, it's 3-4 years process. If you apply while a GC holder than become a citizen, you can contact the USCIS and upgrade to Citizen spousal processing.

One point about separation, to be qualified for 5 years Citizenship application. you would have continuing residence in USA. So, till she comes in 2017. You can only outside the US less than 6 months in a year. And as far I know there is no waiver for that. Someone more knowledgeable may be able to help.