my wife to be is eligible to appy for her citizenship in jan 2014. we are planning to get married at the end of the month. is it wise or legal to apply for my gc after 2 years of getting married instead of applying right after she becomes citizen..so that i get the 10 years gc instead of 2 years and then renewing it? any advise/opinion would really be appreciated.
you can adjust your status after she becomes a US citizen.
thats true u can apply k visa then u can adjust status
If I were in f-1 visa, I'd wait till she got naturalized.
i forgot to mention that i am out of status student. is it fine to apply for my gc after 2 years of marriage? or should I apply right after my spouse becomes citizen which would about 6 months before we would be married for 2 years.
I don't think you'll be eligible to file for GC based on your current status. In fact, I think you might be sent to deportation proceedings I'd also try immigrationportal.com for this issue.
Good luck, brother.
you forgot to mention the main point!!!
by law, if you're out of status then you've to leave the country, and apply for the visa again to come to the US.
In your case if you're doing fine with earing money here even out of status, then you can wait until she become the US citizen and apply for the PR as a husband of a naturalized US citizen. getting visa usually takes three months or more, as husband and parents don't have to wait for the visa number.
I would also suggest you ask the question in a professional law website, or consult an immigration lawer in your case.
I dont see any reason to wait for another 2 years to apply for your greencard. In fact, its better if you marry now and ask your spouse to file I-130, (which takes 4-5 months to be approved). After that you can adjust your status (file I-485). If you are in the united states it wont be a problem to adjust your status. (i assume you dont have any criminal records ) being out of status wont be any problem. But be ready they will ask you some questions regarding being illegal.
The only difference is if you adjust your status now, you will get temporary GC. but if you apply after 2 years you will get permannet GC.
One of my friend was in deportation list. Poplice even took him to the jail.Once, he was bailed out, he got married to US citizen. He got his GC and all other papers withoput any problem. So, i suggest you not to wait another 2 yeras.
happy for you man. No need to hide from Immigration now onwards.
thank you all for your valuable input. the thing is she is not citizen yet. she is eligible to apply in Jan 2014 which means she would get her citizenship in mid 2014.
Are you stupid to wait for two years what the [Disallowed String for - bad word]
is wrong with u. Just get married and file the i-130 petition
[Disallowed String for - bad word]ing asap.... U will get work permit ( file I-765) within next few months
and GC (i-485) little later..... U better hire a lawyer since u stayed
out of status.... Usually the over stayed issue is automatically pardoned
after marrying Us citizen.....
and gud luck very very happy for u
Huh?. Illegal can become legal through marriage?. I am really surprised what laptop above has said. From what i know, it is impossible. Once you are out of status, you cannot change your status back to legal in USA. Even immigration agents say that.
Anyways, if what laptop said is true, i am really surprised. I asked this to immigration agent once to help someone. All the best to you anyways.
@ FREEDOM2012
"Illegal can become legal through marriage?" YES THEY CAN IF THEY MARRY U.S. CITIZEN
"Once you are out of status, you cannot change your status back to legal in USA". CORRECT
BUT WE HAVE GOOD NEWS..
..EFFECTIVE MARCH 4TH, 2013...
http://www.uscis.gov/provisionalwaiver
Sexy missed one thing :)
Illegal is different then out of status :)
Illegal have to leave country not eligible for AOS. Out of status can have AOS.
if you entered the country with inspection, and later lost ur status u can gain legal status by marrying a US citizen or if granted asylum or removal of withholding. where did you hear that you have to leave the country and come back? leaving the country automatically triggers 3 yr or 10 yr ban depending the amount of time u stayed out of status in the county. do some research. i think it's wise to wait anyway, because i130 don't give u work permit and as a gc's spouse u have to wait for visa availability before u can file i485 and wp. but consult an lawer abou tthis..most of them have 30 mins free... it's really hard to deport u now because u are married to a permanent resident.. good luck
this link has all your answers:
http://www.immihelp.com/greencard/familybasedimmigration/persons-in-us.html
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