Looking for suggestions for this problem!

[Gooner86 0]

Hello,

Hopefully I'm posting my question in the right place.

I'm a Permanent Resident of the US and will be eligible to apply for my citizenship in April of 2012. My girlfriend is a Canadian citizen, she is planning on going to school for her Master's Degree somewhere in the US, beginning August of 2011. We do plan on getting married in the future, though there seem to be a lot of issues at hand. Would it be better to get married before her student visa would start or after it is over...or during? Would it be better to wait until I'm a citizen, or can I, as a PR, find a way for her to stay in the US. The most important thing for us is that we can be together in the same country and would like to find the easiest way to do so. Thanks for any input!

[pushbrk 12,207]

Hello,

Hopefully I'm posting my question in the right place.

I'm a Permanent Resident of the US and will be eligible to apply for my citizenship in April of 2012. My girlfriend is a Canadian citizen, she is planning on going to school for her Master's Degree somewhere in the US, beginning August of 2011. We do plan on getting married in the future, though there seem to be a lot of issues at hand. Would it be better to get married before her student visa would start or after it is over...or during? Would it be better to wait until I'm a citizen, or can I, as a PR, find a way for her to stay in the US. The most important thing for us is that we can be together in the same country and would like to find the easiest way to do so. Thanks for any input!

The cleanest and easiest way is for her to get the student visa first, then you marry during a time you are a US Citizen and when she can comfortably stay in the USA for at least three months after the marriage. Once a citizen and married, you follow the adjustment of status route. See the guide here.

[RICARDO4EVA2 194]

Hello,

Hopefully I'm posting my question in the right place.

I'm a Permanent Resident of the US and will be eligible to apply for my citizenship in April of 2012. My girlfriend is a Canadian citizen, she is planning on going to school for her Master's Degree somewhere in the US, beginning August of 2011. We do plan on getting married in the future, though there seem to be a lot of issues at hand. Would it be better to get married before her student visa would start or after it is over...or during? Would it be better to wait until I'm a citizen, or can I, as a PR, find a way for her to stay in the US. The most important thing for us is that we can be together in the same country and would like to find the easiest way to do so. Thanks for any input!

You can Marry her as a LPR and she can get the benefit... she would Definately get completed with the process BEFORE you have compelted the Citizenship Journey in say in September 2012 ( 5 month processing). IF you get married to her now... and start the process.. while is overseas then she will be required to adjust over there. IF you go ahead and get married say now and NOT submit the I130 until she gets here WILL be even better. She would be able to adjust her status SINCE she would still be in Status (F-1) Definately dont wait until you become a citizen.. why wait..? It would help IF she is in overstay status so her status could FORGIVEN.

IF it was me.. I'd marry her the Next Time I see her maintain a stong/er relationship (visits etc) and submit the paper work after she gets here..

[pushbrk 12,207]

You can Marry her as a LPR and she can get the benefit... she would Definately get completed with the process BEFORE you have compelted the Citizenship Journey in say in September 2012 ( 5 month processing). IF you get married to her now... and start the process.. while is overseas then she will be required to adjust over there. IF you go ahead and get married say now and NOT submit the I130 until she gets here WILL be even better. She would be able to adjust her status SINCE she would still be in Status (F-1) Definately dont wait until you become a citizen.. why wait..? It would help IF she is in overstay status so her status could FORGIVEN.

IF it was me.. I'd marry her the Next Time I see her maintain a stong/er relationship (visits etc) and submit the paper work after she gets here..

She cannot adjust status to permanent resident based on marriage to a permanent resident. He must be a citizen before she can adjust status. If they marry and she comes and goes afterwards, they risk immigration fraud. Be VERY careful what you advise. The above will NOT work.

[RICARDO4EVA2 194]

She cannot adjust status to permanent resident based on marriage to a permanent resident. He must be a citizen before she can adjust status. If they marry and she comes and goes afterwards, they risk immigration fraud. Be VERY careful what you advise. The above will NOT work.

Point taken but there have been many I know who have done this successfully perhaps the petitioner was a usc.

[Gooner86 0]

Thanks for the input guys. Would it be OK to get married while she is here during her student visa?

[JimVaPhuong 4,863]

She cannot adjust status to permanent resident based on marriage to a permanent resident. He must be a citizen before she can adjust status. If they marry and she comes and goes afterwards, they risk immigration fraud. Be VERY careful what you advise. The above will NOT work.

She can if her priority date is current, and she has maintained her non-immigrant status. This means they can't file the I-130 and I-485 concurrently. They'd have to file the I-130 first, wait for the approval, wait further for the priority date to become current, and then submit the I-485.

The requirements to adjust status in INA 245 are:

1. The alien has to apply.

2. The alien must not be inadmissible.

3. An immigrant visa number must be immediately available.

There's no requirement that the petitioner be a US citizen.

[edsperfect 25]

Hello,

Hopefully I'm posting my question in the right place.

I'm a Permanent Resident of the US and will be eligible to apply for my citizenship in April of 2012. My girlfriend is a Canadian citizen, she is planning on going to school for her Master's Degree somewhere in the US, beginning August of 2011. We do plan on getting married in the future, though there seem to be a lot of issues at hand. Would it be better to get married before her student visa would start or after it is over...or during? Would it be better to wait until I'm a citizen, or can I, as a PR, find a way for her to stay in the US. The most important thing for us is that we can be together in the same country and would like to find the easiest way to do so. Thanks for any input!

Seems to me if she is coming into the US on a student visa there is no need to rush into anything.

[Sra Gomez 9]

The cleanest and easiest way is for her to get the student visa first, then you marry during a time you are a US Citizen and when she can comfortably stay in the USA for at least three months after the marriage. Once a citizen and married, you follow the adjustment of status route. See the guide here.

This is the best and easiest way to do it. I waited to get my citizenship before applying for my fiance's visa, as it is very hard for a LPR to bring a spouse or relative to the US.

Yes I believe you can get married while she has a student visa, as long as she didn't get the student visa to come to the US and get married, since that would be fraud.

Edited December 4, 2010 by Futura Sra Gomez

[pushbrk 12,207]

Point taken but there have been many I know who have done this successfully perhaps the petitioner was a usc.

Of course. That's why in this case, they need to wait until he obtains Citizenship. People don't come here looking for guesses. If you don't know, just read along. Others will be by with the answer soon enough. In this case the correct answer was already posted.

[jkelly07 120]

good job pushbrk, you have much more experence then many of us thanks, for keeping us on the right track,

[RICARDO4EVA2 194]

Of course. That's why in this case, they need to wait until he obtains Citizenship. People don't come here looking for guesses. If you don't know, just read along. Others will be by with the answer soon enough. In this case the correct answer was already posted.

I said point taken ... you can stop going at me now.. I was not Guessing ok. I was gone - done after I respond in understanding what you were saying so just stop please.

[pushbrk 12,207]

She can if her priority date is current, and she has maintained her non-immigrant status. This means they can't file the I-130 and I-485 concurrently. They'd have to file the I-130 first, wait for the approval, wait further for the priority date to become current, and then submit the I-485.

The requirements to adjust status in INA 245 are:

1. The alien has to apply.

2. The alien must not be inadmissible.

3. An immigrant visa number must be immediately available.

There's no requirement that the petitioner be a US citizen.

That's correct but the net effect of filing this way is that she'll need to have a much longer window of time she remains in the USA instead of coming and going from Canada. In this situation, they're wiser to wait until he's a USC to marry and adjust status. If she's willing to give up her freedom to travel for a longer time, then the options broaden.

[JimVaPhuong 4,863]

That's correct but the net effect of filing this way is that she'll need to have a much longer window of time she remains in the USA instead of coming and going from Canada. In this situation, they're wiser to wait until he's a USC to marry and adjust status. If she's willing to give up her freedom to travel for a longer time, then the options broaden.

Well, if she enters the US and starts school in August of 2011, as the OP indicates, then they could marry and send the I-130 right away. The priority date would be within a couple of weeks of sending the I-130. They'd have about a four month wait for the I-130 approval, but the current backlog on FB2's is also about four months, so her priority date might very well be current by the time the petition is approved. They might be able to submit the I-485 before the end of the year, and she could conceivably have a green card in her hand before he's eligible to apply for citizenship. The only variable is if FB2 processing slows way down before the end of next year.

She could travel in and out of the US while the I-130 was being adjudicated, but she'd have to stay once the I-485 was submitted until she had either AP or the green card. She'd be hosed if she left the US while the I-130 was pending and CBP refused to let her back in, but since she'd be here going to school she probably wouldn't have a real need to leave during the 8 to 10 months it would take to finish everything.

[pushbrk 12,207]

Well, if she enters the US and starts school in August of 2011, as the OP indicates, then they could marry and send the I-130 right away. The priority date would be within a couple of weeks of sending the I-130. They'd have about a four month wait for the I-130 approval, but the current backlog on FB2's is also about four months, so her priority date might very well be current by the time the petition is approved. They might be able to submit the I-485 before the end of the year, and she could conceivably have a green card in her hand before he's eligible to apply for citizenship. The only variable is if FB2 processing slows way down before the end of next year.

She could travel in and out of the US while the I-130 was being adjudicated, but she'd have to stay once the I-485 was submitted until she had either AP or the green card. She'd be hosed if she left the US while the I-130 was pending and CBP refused to let her back in, but since she'd be here going to school she probably wouldn't have a real need to leave during the 8 to 10 months it would take to finish everything.

I appreciate the timing issues but the bold above is where I think you're going astray. Once her immigrant intent is clear and on record from the i-130 filing, any entry could be denied for immigrant intent (screwing up her education) and even if not, any entry after the filing could be construed as visa fraud. If they don't wait until both he is a citizen AND she has a window to stay in the USA until AOS is complete, they're taking a huge risk.

Once you marry a USC, AND an I-130 is filed, you live under a whole different set of rules.