Planning to file I-130 as LPR and then subsequently file N-400

[mario.peabiscuit 0]

Hello everyone. I am currently a LPR living in the US. My fiancé is overseas and can enter the US as a tourist via ESTA. We are planning to get married during my fiancé's next trip to the US in a few months. Once she returns back to her home country, I am planning to file Form I-130 as a LPR. Then once I have demonstrated continuous residence for 5 years (about 14 months from now), as long as the Form I-130 is still pending (I suspect it will be), I will file Form N-400 to get naturalized myself. I am wondering the following:

 

1. Would my N-400 be jeopardized by the fact that I would already be married to a foreigner?
2. If the N-400 is approved before the I-130, what steps would I need to take (if any) to ensure that the I-130 is processed as an immediate relative of a US citizen rather than as F2A?
3. Am I correct in understanding that my fiancé would follow the consular processing route, being that she is outside the US, and therefore Form I-485 is not needed?
4. Is there any advantage to getting legally married inside versus outside the US?

 

Any input is greatly appreciated, thanks

[TBoneTX 48,998]

Welcome to the forum!  Folks will be along with answers to your very thoughtful questions.

 

Others may think differently, but another avenue for you is to become naturalized first, then file the I-130.  This way, you needn't worry about converting from F2A status, because you'll already be a USC.

 

If you're married for at least 2 years before she enters with use of the I-130, she'd get a 10-year green card upon entry, thus saving much money and paperwork later.

 

What's your current citizenship?  What's hers?

[TBoneTX 48,998]

23 minutes ago, mario.peabiscuit said:

Is there any advantage to getting legally married inside versus outside the US?

The only ones that I can think of are purely functional:  marriage certificates in English (not needing potential translation), and additional copies would be promptly and readily ordered online or by visiting a nearby courthouse.  In comparison, getting copies from a foreign country might be time-consuming and more expensive.

Edited 11 hours ago by TBoneTX

[Crazy Cat 46,111]

7 hours ago, mario.peabiscuit said:

• Would my N-400 be jeopardized by the fact that I would already be married to a foreigner?
• If the N-400 is approved before the I-130, what steps would I need to take (if any) to ensure that the I-130 is processed as an immediate relative of a US citizen rather than as F2A?
• Am I correct in understanding that my fiancé would follow the consular processing route, being that she is outside the US, and therefore Form I-485 is not needed?
• Is there any advantage to getting legally married inside versus outside the US?

1.  No.

2.  You would then contact USCIS and/or NVC (with a copy of you Naturalization Certificate) to upgrade the petition to IR-1 category.

3.  Correct

4.  None, other than the need to translate the marriage certificate.