advice to wait or apply

[Marwa365 2]

So I spoke to a couple lawyers & here were their advice:
- Lawyer A said: "Wait till your GC holder husband becomes a citizen then apply. Papers will b easier."
- Wait till your GC holder husband becomes a citizen. Otherwise, lawyer B said: "there's the possibility of having his current GC revoked for having seperatef a couple months after receiving (non conditional) GC through a US citizen." (Actual divorced took place 2 years later). He implied that 1st, we'd have to prove that the 1st marriage was truthful not paper based. Which is true but would cost more & take longer 😅.
Lawyer C said: "If you apply now, they're going to schedule the interview at your home country, which is notorious for making it difficult to accept marriage based applications"
💢 Facts: I'm on an F1 visa. I have until end of May 2023 to graduate and then 1 year OPT. My husband could start applying for his naturalization in March 2023.
🗨 Question 1: Do u recommend me to stay on my OPT then apply after his naturalization? (given the long processing time this has been taking these days)
🗨 Question 2: We live in San Francisco, anyone has recommendation for a cheapish lawyer in the area?

 

PS: Kindly take into consideration that someone mentioned that the OPT (starting June 2023) may not be enough of a buffer until my husband gets naturalized because if I don't secure an internship within 90 days, then I'd have to either leave the US or register to another program to stay a student. Thank you for your advice based on experience.

[JeanneAdil 6,633]

If your marriage takes place too soon after his divorce,  it will cause extra security at interview

but really doesn't matter when u marry.  do it when you want 

 

Read what attorney Hacking says about this very subject

 

https://hackinglawpractice.com/blog/can-my-spouse-adjust-if-i-am-an-lpr/

[Marwa365 2]

Thanks Jeanne. I'll look into the article & watch the Video. Thank you for your answer. M.

[Crazy Cat 42,226]

  There are a lot of things to consider here.  May I add a couple more things to consider:

1.  If you have ever been out of status for any reason or worked without authorization, you can never adjust status through him until after he naturalizes.

2.  If you leave the US, you cannot re-enter as a non-immigrant (F1) with the intent to stay and adjust status.  As you now have immigrant intent, that could pose a problem.

For those reasons, I would, at least, consider the option of a spousal visa and consular processing.  If he starts the F2A process as a Green Card holder, he can upgrade the case to a CR-1 after naturalizing. 

@Boiler probably has a some valuable things to add.  

Edited March 7, 2022 by Crazy Cat

[Marwa365 2]

Thanks for the input! Yes, I haven't done anything illegal here, but I do understand it'll be much less of a headache if I wait for his naturalization. Except that I'm totally not interested in staying a student alll my life! It's exhausting hehehe But yes. Thank you for your advice. Nice picture!

[Crazy Cat 42,226]

6 minutes ago, Marwa365 said:

Thanks for the input! Yes, I haven't done anything illegal here, but I do understand it'll be much less of a headache if I wait for his naturalization. Except that I'm totally not interested in staying a student alll my life! It's exhausting hehehe But yes. Thank you for your advice. Nice picture!

In my humble opinion, you are in a kind of catch 22.  I hope some more of the experts here on VJ will arrive soon for their inputs.  

 

Note:  Thanks.  Yes, that was me (before a haircut and shave).

Edited March 7, 2022 by Crazy Cat

[Boiler 46,061]

I would apply to adjust through a LPR spouse but also keep n F1 status as a backup 

Edited March 7, 2022 by Boiler

[Crazy Cat 42,226]

2 minutes ago, Boiler said:

I would apply to adjust as a LPR but also keep n F1 status ads backup 

I can see that since she seems to have no bars to adjustment.  The normal travel restrictions for Adjustment would apply, correct?  

[Boiler 46,061]

Until she has AP now if she needs to travel then that would be different 

 

Timelines are always a guess but she could have GC by end of year

[Crazy Cat 42,226]

2 minutes ago, Boiler said:

Timelines are always a guess but she could have GC by end of year

Good point.  She might be one of those folks receiving the Green card before AP.....nice.

[Marwa365 2]

Thank you two for the hopeful posts. It seems my best bet is not to postpone the adjustment of status. Fingers crossed.

Best,

M.

[Timona 4,208]

If you guys are already married, apply and do concurrent filing. F2A is current as we speak

[Redro 4,612]

How long has your husband been a permanent resident? 

 

Who May Not File Form I-130?

5. A spouse, if you gained lawful permanent resident status through a prior marriage to a U.S. citizen or lawful permanent resident,

unless:

A. You are now a naturalized U.S. citizen;

B. You have been a lawful permanent resident for at least five years;

C. You can establish by clear and convincing evidence that you did not enter the prior marriage (through which you gained your lawful permanent resident status) in order to evade any U.S. immigration law;

or D. Your prior marriage through which you gained your immigrant status was terminated by the death of your former spouse;

 

https://www.uscis.gov/sites/default/files/document/forms/i-130instr.pdf

 

 

[Marwa365 2]

Thank you Kor2USA,

Yes, this is what one of the lawyers showed us. But other lawyers said that when he applies for his naturalization, the righteousness of his marriage would be in question not at the time that we apply for my change of status.  Thanks Timona for the idea of Concurrent filing! That would be great!

 

M. 

[JeanneAdil 6,633]

10 minutes ago, Marwa365 said:

Thank you Kor2USA,

Yes, this is what one of the lawyers showed us. But other lawyers said that when he applies for his naturalization, the righteousness of his marriage would be in question not at the time that we apply for my change of status.  Thanks Timona for the idea of Concurrent filing! That would be great!

 

M. 

Many marry and divorce

he has  to show proof of a bona fida marriage for the ROC process and this is done long before the naturalization interview will happen

 

if he already has a 10 year green card,  he has proved bona fida marriage to the  officers