Marrying Resident vs Citizen?

[ana2140358 0]

Hello good people!

My boyfriend and I are planning to get married soon. I'm on a F1 visa and he's a US greencard holder. After we get married we plan on starting our life here in the US. It looks like things are expedited when you're married to a US citizen, while it takes longer when you're married to a resident. My question is, does it matter if we got married now while he is on his greencard? Or should we wait till he becomes a US citizen? He's already done with his finger print.

Also, what if we just got married now and he could file my greencard application once he becomes a citizen? Wouldn't my application still be treated as the application of a spouse of a US citizen? Or the fact that we got married when he was on his greencard slow down the whole process?

Thanks in advance!

[designguy 1,179]

Did he already file for naturalization?

[ana2140358 0]

Just now, designguy said:

Did he already file for naturalization?

Yes

[N400NYC 380]

27 minutes ago, ana2140358 said:

Hello good people!

My boyfriend and I are planning to get married soon. I'm on a F1 visa and he's a US greencard holder. After we get married we plan on starting our life here in the US. It looks like things are expedited when you're married to a US citizen, while it takes longer when you're married to a resident. My question is, does it matter if we got married now while he is on his greencard? Or should we wait till he becomes a US citizen? He's already done with his finger print.

Also, what if we just got married now and he could file my greencard application once he becomes a citizen? Wouldn't my application still be treated as the application of a spouse of a US citizen? Or the fact that we got married when he was on his greencard slow down the whole process?

Thanks in advance!

In part it also depends on how long you have an F1 visa for? And what part of the country you are living in? Some field offices are much quicker with citizenship applications than others.

 

If you did decide to get married now-ish, I think it's possible for him to start the sponsorship process as a green card holder and then when he becomes a citizen there can be an update to the sponsorship case (citizen sponsoring a non-US spouse).

 

If time isn't an issue, and your F1 visa status is safe, might be easier to just wait until he is a citizen - less complicated. You are already both on US soil so you don't have to deal with the separation traumas faced by many others separated by borders with the non-US spouse stuck in their home country waiting....

[PK_ 43]

On 2/20/2020 at 8:45 PM, ana2140358 said:

does it matter if we got married now while he is on his greencard? Or should we wait till he becomes a US citizen?

The status of your spouse when you get married doesn't matter for the I-130 process. The category for the I-130 petition is determined when you file the petition, not when you get married. Keep in mind that there is an advantage for getting married earlier, even if you don't plan to file I-130 right away. When your green card is approved, if you have been married for greater than 2 years, you will be receiving the full 10-year green card instead of the conditional 2-year green card.

 

The processing time for I-130 spouse of LPR (F2A category) is currently 2-4 months longer than the spouse of US Citizen (CR1/IR1 category). Whether you want to apply now or wait depends on how close your boyfriend's naturalization is to his oath ceremony. If you file the I-130 now, it is entirely possible that your I-130 petition can be approved before your boyfriend is naturalized. If you have already filed I-130 as F2A category and your boyfriend has naturalized, you can upgrade the I-130 case to the CR1/IR1 category. (I have just upgraded my I-130 petition yesterday.)

 

There's another factor to consider. When you file I-130 with I-485 (adjustment of status), you will also apply for AP (I-131) and EAD (I-765). The AP will allow you to re-enter the US with immigration intent, and the EAD will allow you to work while the I-130 is pending. This means that you will be able to work for any companies instead of being restricted by the F1 visa. Note that once you've filed the I-485, you *should not* leave the USA until you have received the AP.