Can F1 student marry to a Green card holder?

[sweetyraj]

i am on F1 visa in USA. can a F1 student marry to a green card holder? if yes how it effects my F1 status? i know that once i applied immigration petition i am not allowed to travel home country. but i did not know any thing about its effects on my CPT and OPT. do i m eligible for CPT & OPT after filling the immigrant petition? it will take 4-5yrs to my fiance to get the citizenship. plz tell what are my options?

[txh1b]

There aren't many options. You have to maintain your own status until you can file your 485 based on his citizenship.

[sweetyraj]

will you please explain the situation for applying CPT & OPT, after the filling of immigrant petition.

[txh1b]

After filing an immigrant petition, F1 re-entry on a visa is not legal as you have exhibited immigrant intent.

As far as OPT and CPT go, if you are already on F1 status, you could possibly apply for them. If an immigrant petition is pending, you can also get EAD from that without having to worry about OPT and CPT.

You should discuss the specifics with your school DSO.

[sweetyraj]

Thanks for all your help and advice.

[mea]

I have a similar question in this subject. I'm the green card holder, my girlfriend is the F1 status student.

If we get married, and she maintains her F1 status (i.e - we don not apply for her to get a greencard till I become a citizen, within 2 1/2 years). Can she go in and out of the country in this meantime?

My concern is that the immigration officer will not allow her to entry on her F1 visa, since she is married to a Green card holder. So it can show intent of not staying temporally in the USA.

[Juan Carlos Maldonado]

Question in regard to my process, my wife is currently on OPT

Hello I recently go married and my case is similar to the case on this Post. Here is my time line and questions:

I am a US green card holder and my Wife is under her OPT.

1. Got married in Nov 25 of 2014
2. Filed for her I-130 on Dec 25 of 2014.
3. Her OPT expired in July 30 of 2015.
4. We are attentive to file for 485 and 765 once I-130 is approved.

Here is my own Time line:

1. My 5 year time frame for Naturalization is September 9 of 2015.
2. I will apply form N-400 on June 9-2015
3. My time line from Biometrics to Oath of Allegiance ceremony by December 18th of 2015.

When should I inform USCIS about my Naturalization process in regard to my wife's Green Card process? When I file form N400 or when I am granted citizenship after oath ceremony? and if so what is the process? Any feedback would be appreciated it!

[rayb]

You cannot proceed with the I-485 process until you have the Naturalization certificate in your hands. You cannot file the I-485 just because the I-130 is approved (when it is approved) because the I-130 priority will not be current until USCIS is aware of your being Naturalized.

--Ray B

Hello I recently go married and my case is similar to the case on this Post. Here is my time line and questions:

I am a US green card holder and my Wife is under her OPT.

1. Got married in Nov 25 of 2014
2. Filed for her I-130 on Dec 25 of 2014.
3. Her OPT expired in July 30 of 2015.
4. We are attentive to file for 485 and 765 once I-130 is approved.

Here is my own Time line:

1. My 5 year time frame for Naturalization is September 9 of 2015.
2. I will apply form N-400 on June 9-2015
3. My time line from Biometrics to Oath of Allegiance ceremony by December 18th of 2015.

When should I inform USCIS about my Naturalization process in regard to my wife's Green Card process? When I file form N400 or when I am granted citizenship after oath ceremony? and if so what is the process? Any feedback would be appreciated it!