Green Card application through Family

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Hello Immigration Gurus,

My girl friend's dad filed I-130 for her when he arrived on DV (Unmarried over 21). He later obtained US Citizenship, appropriately adjusted the filing status and now the petition is current. She is in US and we were wondering about the immigration consequences if we got married now before filing for her I-485. Would I be able to tag on her application as a derivative? Would it jeopardize her application as the approval was for unmarried child?

I really appreciate your time and help. Thank you very much.

Currently both of us are in F-1.

Thanks again.

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JavaBeans

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>>Would I be able to tag on her application as a derivative?<<

I am not sure that you make a good hedge against her bets! On the second thought, this might depend on her/your situation, and finally I think you meant to say a dependent? No pun intended there though.

Here are two starting points you might want to research further in a proper immigration law forum:

1) If you get married, the advantage is that you and your fiance will both get residency at the same time. The disadvantage is that you both will have to wait a bit longer - maybe about 3 more years. This is b/c the priority date changes from Cat 1 to Cat 3, which has a longer waiting period. Be sure to inform the imm office immediately if you get married.

2) If you get married after she receives her residency then you are more likely to wait about 5 yrs for your residency.

It's a tough call depending on your situation and circumstance. Good luck.

-JB

Last edited: 07-Feb-10 12:15 AM

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Thanks JB, There is no point delaying her GC and waiting for 3 more years. I think by herself she will get GC in six-nine months. If I can't tag along on her current application and get GC in six-nine months, it will be more beneficial to go through H1b route for me.

Anyone else with suggestions?

thanks again

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