Jump to content
TangoVictor

Girlfriend is LPR, I’m a F1 student, when to file?

5 posts in this topic

Recommended Posts

Filed: AOS (pnd) Country: Colombia
Timeline

Hello,

 

I’m an international student in the US with an F-1 visa. My legal status in this country depends on me getting a job offer before January 2021 in order for my school to start the 6 month CPT. 

I’ve been dating my girlfriend for 7 months now, she is a permanent resident (she’s the love of my life) and her early naturalization window opens on Oct 11th. Our original plan was for me to extend my legal stay here as much as possible (using the 6 month CPT and requesting the 12 post completion OPT) while she got her citizenship, so we could get engaged and have a wedding. 
 

Now, those plans are getting complicated because getting a job offer in the industry I could apply to, is close to impossible during this pandemic. That’s why we were wondering, can we get married now and request to adjust status and then when she becomes a citizen “upgrade” the request to USCIS? Could I get work authorization? How will the process work, is there a guide somewhere? What option do you think is best?

 

Thank you! 

Share this post


Link to post
Share on other sites

F2A (spouse of permanent resident) category is current now, so to all intents and purposes it’s pretty much equivalent to filing as spouse of USC. You can get married, and file 130 and 485 simultaneously. It will take some months to get employment authorization based on the 485. if you look at the top of the page you will see a “guides” section that will help you demystify the process. You can post follow up questions if anything not clear.


You talk about an “early naturalization window” - that is only for filing. She cannot become a citizen before 5 years is up. Note that it may take much longer than that, some FOs it takes around a year to complete the process.


Note fees going up in October as well. I believe that AP/EAD which used to be free filed alongside 485 will now be charged separately too.
 

All that said: 7 months is not that long of a time. Make sure you are getting married for the right reasons, with immigration considerations secondary.

Share this post


Link to post
Share on other sites
Filed: AOS (pnd) Country: Colombia
Timeline
20 minutes ago, SusieQQQ said:

F2A (spouse of permanent resident) category is current now, so to all intents and purposes it’s pretty much equivalent to filing as spouse of USC. You can get married, and file 130 and 485 simultaneously. It will take some months to get employment authorization based on the 485. if you look at the top of the page you will see a “guides” section that will help you demystify the process. You can post follow up questions if anything not clear.


You talk about an “early naturalization window” - that is only for filing. She cannot become a citizen before 5 years is up. Note that it may take much longer than that, some FOs it takes around a year to complete the process.


Note fees going up in October as well. I believe that AP/EAD which used to be free filed alongside 485 will now be charged separately too.
 

All that said: 7 months is not that long of a time. Make sure you are getting married for the right reasons, with immigration considerations secondary.

Yes, precisely, the idea of using my CPT and OPT was to extend my time here as much as possible so her naturalization process would end (all the way to oath). Our understanding was that Trump banned the F2A but we learned today, thanks to your comment, that we were wrong. We will look more into it and probably go talk to an attorney. 

 

On the other hand, we are quite afraid of the fact that we have been together for just 7 months, not because we don´t love each other or want to spend the rest of our lives together, but we know that it could look wrong/suspicious to an USCIS officer. Good thing is that despite the fact that we are on our mid and early 20`s, we feel lucky that we`ve found each other and have the support of both of our parents to continue with this madness. Thanks for your help Susie!

Share this post


Link to post
Share on other sites
7 minutes ago, TangoVictor said:

Yes, precisely, the idea of using my CPT and OPT was to extend my time here as much as possible so her naturalization process would end (all the way to oath). Our understanding was that Trump banned the F2A but we learned today, thanks to your comment, that we were wrong. We will look more into it and probably go talk to an attorney. 

 

On the other hand, we are quite afraid of the fact that we have been together for just 7 months, not because we don´t love each other or want to spend the rest of our lives together, but we know that it could look wrong/suspicious to an USCIS officer. Good thing is that despite the fact that we are on our mid and early 20`s, we feel lucky that we`ve found each other and have the support of both of our parents to continue with this madness. Thanks for your help Susie!

F2A is banned for visa issuance from outside the US, but there is no ban on adjustment of status (this is true for all the banned visa categories).

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...