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  1. #1
    Join Date
    Jul 2010
    Posts
    2

    Default Should an F-1 Marry a Green Card Holder or Wait Until U.S. Citizen

    Hi all, hope I can get some helpful insight from knowledgeable people on this forum.

    Facts:
    1) Green card holder has been a permanent resident since 2/2007. Willing to apply for US citizenship 90 days before 5 years period passes (12/2011).
    2) It is understood that after application by green card holder it may take some time (how long?) before citizenship is granted.
    3) Girlfriend came to the US on F-1 (legal entry) a year ago. Expected study completion - 5/2011. Then will apply for OTP (for one year), so legal status until 5/2012 (is this correct?).
    4) Green card holder and F-1 are engaged (also, baby expected 12/2010) and live together (having been living since F-1 arrived in the US).
    5) State of current residence is IN.
    6) F-1 also has a US citizen sister who filed citizenship application for F-1 about 2 years ago (expected time for F-1 to get permanent residence via this route is about 4-5 years).

    What is the best way from the legal standpoint to approach permanent residence for F-1? Options I can think of:

    A) Get married now and apply for change of status after marriage asap. In this case, will the marriage and filing to AOS affect F-1's ability to maintain F-1 and obtain OPT (so that F-1 can stay in the US legally until F-1 obtains other status and if so, what that status can be)?
    B) Wait until green card holder becomes US citizen and then get married and file for AOS for F-1 at that point? In this case if AOS is filed and OPT expires, will ex-F-1 (ex at this point as OPT is expired) legally stay here or it will be illegal already?
    C) Any other option?

    Thank you!

  2. #2
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Should an F-1 Marry a Green Card Holder or Wait Until U.S. Citizen

    I suggest that the first concern should be the parental rights regarding the child rather than what immigration benefit can be obtained. Without the establishment of the father's rights and the filing for custody, visitation and support, the mother could legally take the child and leave the country should she want to do so.

  3. #3
    Join Date
    Jul 2010
    Posts
    2

    Default Re: Should an F-1 Marry a Green Card Holder or Wait Until U.S. Citizen

    Thanks for the note about parental rights. I don't believe she would leave, but obviously that's a concern to consider.

    Any ideas about the legal residence question?

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