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Sunsofbeaches

I'm a green card holder and I want to marry my girlfriend who's here on a student visa. I just need general advice on what steps to take.

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Posted

Hello everyone. As the title says, I'm currently a permanent resident and soon to be a citizen(just waiting for interview date now) and I want to marry my girlfriend who's here on a student visa.

Can we just get married right now and file the necessary forms or should I just wait until I'm a citizen already? Her studies/student visa will end on May/June 2017. I just don't want to be put in a scenario where she might have to go home to her country. I know we could have planned all this earlier but much to my regret we didn't and here we are now. Would I need a lawyer for this? Thanks in advance.

Side Note:

  • Don't know if this will matter but she's been here since she was 9 years old. She was allowed to come here with her mother who was on a working visa(iirc)at the time. Her mum was supposed to be petitioned by her employers but something went wrong with that so she applied for a student visa.
Posted

When you two marry is your personal decision.

That said, submit the i-130 petition and adjustment of status. Once naturalized, upgrade petition to USC spouse.

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

Filed: Citizen (apr) Country: Nigeria
Timeline
Posted

You can't submit the adjustment of status. You must either be a USC or have a visa number available to AOS. You can marry now but it is a question of when you have your oath ceramony. If you have it before she completed school then the AOS form comes into play. If not then she would have to leave or find a visa to stay on ( student visa ? OPT after school ) until you either become a citizen or until a number is available in the non immigrant catagory

This will not be over quickly. You will not enjoy this.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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