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F1 Holder Wants to Marry Green Card Holder

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  • 01-16-2009, 04:24 PM
    engineer06
    F1 Holder Wants to Marry Green Card Holder
    I am a grad student on an F1 visa with one more year to go before I graduate. My boyfriend with whom I live got his green card through his job a year ago. We have discussed getting married but are unsure of a few things. 1. Would it be ok for us to return to our home country (Jamaica) to get married or would we have to get married here in the US?
    2. Would getting married negatively impact my boyfriend's chances of becoming a citizen? Would it negatively impact my chances of applying for a green card?
    3. What is the procedure for applying for a green card for me once we are married? do we first get married then submit the I-130 and I-485 forms?
    4. Since my course of study ends in December 2009, I will be in the market for a job come January 2010. When would the best time be for us to get married based on the process? Ideally I would want to be able to stay with my boyfriend and not have to leave the country.
    5. If we got married and submitted the I-130 by July, how would I be allowed to legally stay in the country and get a job in January 2010? would I have to also apply for an OPT in order to work?
  • 01-18-2009, 09:54 AM
    LawResearcherMissy
    Re: F1 Holder Wants to Marry Green Card Holder
    1) As long as you comply with the rules of your F visa, returning home to marry is fine.

    2) No and no. And if it should come to pass that your boyfriend naturalizes prior to your applying for a green card, it could well speed the process for you. Relatives of citizens get priority over relatives of LPRs.

    3) You must be married in order to submit the I-130 and the I-485.

    4) Processing times vary, and are based on your country of origin. You could potentially wait years for the visa. There is no guarantee that you will be approved for a residence visa prior to the expiration of your F visa.

    5) You may apply for OPT, which can, in some circumstances, be extended up to 17 months. However, if you have not yet been approved for your residence visa by the end of your OPT, you will have to return to Jamaica to wait for approval.

    You should both read this and discuss your situation with an immigration attorney.
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