Green Card holder marries F-1, timing question.

[isotope 0]

Aloha, VJ folks:

My friend lead me to this forum, where he benefited a lot on getting his issue solved by the help of knowledgeable people here. So, I'm hoping to ride his 'luck' of getting answer here.

So, I'm a Green Card holder, on my 40's, single, and have a decent job. I liked (and still like) the thought of being single.

But parents have different opinion. So, being 'forced' to get someone as spouse, I was able to pick one woman among many that was introduced to me. Tbh, I don't know how they found her, but I don't think I could get a better woman by myself for all these years being single.

Now get into the fun stuff. I'm in GC for about 3 years already, with option to apply for USC in another 2 years. So I'm planning to get my lady come to US in F-1 visa where the study might last about 2.5 years.

Question:

1. What is the best option of starting to apply for AOS?

a) Few months after she starts her study,

b) right before my application for USC,

c) after I become USC?

2. If I apply for AOS during her study, does she have to stay in US the whole time, because then there's an 'intent of staying in US' with F-1 visa? There's a possibility she would be pregnant during her study time, thus she might want to stay at her home country.

I know these might have been discussed to death. If the fellow VJers can point me to the right thread(s), that would be much appreciated. Thank you in advance.

[Darnell 8,478]

I say after you become a USCitizen, as

once you file an I-130 as a LPR petitioner, SHE cannot adjust status until her visa priority date becomes current - usually 2 years after filing based on that visa type - check the visa bulletin for the monthly priority date movements (and this is a PITA, as AOS is indeed governed by this for in-country AOS with a LPR petitioner).

Alternatively,

you could marry soonish then file the I-130 whilst she stays back in her home country, then wait it all out. You'd be chasing a visa, not an AOS.

[isotope 0]

I say after you become a USCitizen, as

once you file an I-130 as a LPR petitioner, SHE cannot adjust status until her visa priority date becomes current - usually 2 years after filing based on that visa type - check the visa bulletin for the monthly priority date movements (and this is a PITA, as AOS is indeed governed by this for in-country AOS with a LPR petitioner).

Alternatively,

you could marry soonish then file the I-130 whilst she stays back in her home country, then wait it all out. You'd be chasing a visa, not an AOS.

Once I file the I-130, is she still able to go in and out the US with her F-1 visa?

The alternative is a bit out of option, as she would't want to wait for 2+ years before we could be together. I might be good looking and such, but ain't George Clooney

Edited June 17, 2015 by isotope

[Darnell 8,478]

if she has the F-1 in hand,

and you file the I-130 later,

then when she leaves,

CBP doesn't know anything about the I-130 until it's approved by USCIS,

and then with an approved I-130, CBP usually turns folk away at the immigration control point, that approved I-130 showing up in the system.

It's a catch-22.

The F-1 visa is a non-immigrant visa. Having an approved I-130 in the system shows immigrant intent. CBP computer systems have evolved, but only to the point of showing the approved I-130. Marriage to a USCitizen usually trips something at immigration control point, is first step for being eligible to adjust or have an immigrant visa.

Maintaining an F-1 is expensive, she'll be paying international tuition rates, so if your parents are happy to fund that portion of the journey, I say go for it,, not file the I-130 until you have your uscitizenship and chase adjustment of status, not any spousal visa.

Edited June 17, 2015 by Darnell