USC Getting Married to F2B Pending I-485

[chucku123]

Hi, so this girl I have been dating in the USA has a pending AOS that she filed under the F2B category and we want to get married. Would it be better for her GC to be approved and then get married or should I concurrently file an I-130/I-485 after getting married to her. Or is there another option?

[newacct]

Hi, so this girl I have been dating in the USA has a pending AOS that she filed under the F2B category and we want to get married. Would it be better for her GC to be approved and then get married or should I concurrently file an I-130/I-485 after getting married to her. Or is there another option?

One advantage to her immigrating through the petition from her parent is that she will become a non-conditional permanent resident, whereas if she immigrates through your petition, she will become a conditional permanent resident since you guys will almost certainly have been married for less than 2 years when she becomes a permanent resident; that would mean more cost ($680) and hassle (need to collect evidence of bona fide marriage again) to apply for Removal of Conditions 2 years after she becomes a permanent resident.

On the other hand, if she is to immigrate through the petition from her parent, you will have to delay the marriage for however long it takes for the AOS to be approved.

[chucku123]

One advantage to her immigrating through the petition from her parent is that she will become a non-conditional permanent resident, whereas if she immigrates through your petition, she will become a conditional permanent resident since you guys will almost certainly have been married for less than 2 years when she becomes a permanent resident; that would mean more cost ($680) and hassle (need to collect evidence of bona fide marriage again) to apply for Removal of Conditions 2 years after she becomes a permanent resident.

On the other hand, if she is to immigrate through the petition from her parent, you will have to delay the marriage for however long it takes for the AOS to be approved.

Thank you so much for the reply. If she does apply through me, do we have to inform the NVC or USCIS about the pending AOS through her parents? (Asking if we dont want to delay getting married)

[newacct]

Thank you so much for the reply. If she does apply through me, do we have to inform the NVC or USCIS about the pending AOS through her parents? (Asking if we dont want to delay getting married)

Once she gets married, she is no longer eligible for F2B, and she should notify USCIS if she has a pending I-485 there so they can deny it.