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krnjin

How to proceed marrying a non-resident alien with US person

By krnjin in General Immigration-Related Discussion

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krnjin Apprentice

krnjin   0

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Hi all,

 

I'm not sure if this is the right forum to start a new topic but here is my issue:

 

I've been a Green Card Holder since 2008 and would like to move forward with my naturalization process. My Green Card will expire in about 8 months so I am planning on applying for naturalization as soon as possible. 

However, I have a non-resident girlfriend that I've been together for about 5 years and we are planning on marriage this November (possibly in the middle of the Naturalization process if I apply real soon). Should I wait until the Naturalization process is done before marriage so that my girlfriend can also apply for the Green Card with no problems? Or should I proceed with marriage first then apply for naturalization? 

Or does it really matter which one comes first? 

Thank you in advance.

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Boiler Grand Master

Boiler   45,522

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What does non resident mean as far as your GF, she lives in Japan?

 

Likely to take much longer than a few months, you can marry apply as a GC holder then upgrade when you naturalise.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Boiler Grand Master

Boiler   45,522

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Just now, krnjin said:

Oh she is currently working with OPT in the States

When does that expire? Will she be going home or is she looking to get a work visa?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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krnjin Apprentice

krnjin   0

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19 hours ago, Boiler said:

When does that expire? Will she be going home or is she looking to get a work visa?

 

Her OPT expires in about 13 months but her F-1 Visa had expired

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Boiler Grand Master

Boiler   45,522

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2 hours ago, krnjin said:

 

Her OPT expires in about 13 months but her F-1 Visa had expired

You might be able to naturalise in that time period otherwise it will be Consular processing.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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azblk Rising Star

azblk   338

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3 hours ago, Boiler said:

You might be able to naturalise in that time period otherwise it will be Consular processing.

Why she is still on OPT status for the next 13 months and he has a green card. He can marry her and file for her even before he naturalises. F-2A is current right now and so he doesnt even need to wait to naturalize.

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krnjin Apprentice

krnjin   0

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20 hours ago, azblk said:

Why she is still on OPT status for the next 13 months and he has a green card. He can marry her and file for her even before he naturalises. F-2A is current right now and so he doesnt even need to wait to naturalize.

What do you mean F-2A is current?

 

Naturalization takes about anywhere from 6~12 months I believe, so what you're saying is filing for her status is faster than waiting for me to get naturalized?

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Just Paul Veteran

Just Paul   4,595

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37 minutes ago, krnjin said:

What do you mean F-2A is current?

F2A is current in the Visa Bulletin. Meaning a visa is available based on today being the priority date of a petition. 

 

It may very well  not be current after the start of the fiscal year (october).

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April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

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azblk Rising Star

azblk   338

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2 hours ago, krnjin said:

What do you mean F-2A is current?

 

Naturalization takes about anywhere from 6~12 months I believe, so what you're saying is filing for her status is faster than waiting for me to get naturalized?

What I am saying is if you got married and filed right now you do not have to wait until you naturalize or for your fiancee to leave the country because F2A - which is the visa category your wife would fall under as the wife of a permanent resident is current right now and as such she can apply concurrently while in the USA.

 

It might not be current for much longer so if you go that route you have to do it before soon.

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