Arachnid

I have been waiting to marry my fiance for 5+ years. It was told to us that we should wait until she had gotten her greencard before we get married. Yesterday I was on the BCIS site and it explained that if there is a spouse before the greencard is issued then that spouse can file at the same time. If there is a spouse after the greencard issuance then a number has to be waited on.
What should we do? She wants to apply for change of status, should we get married before she does so?

zico

get married now....or else it'll take you forever to get a greencard....

Arachnid

Thank you. I know what I have to do then.

franc111s

WAAAIIIIITTTT... Hear schreeching of brakes.

What status are EACH of you and when did you file, enter the USA and how long etc., Give details and we can help.

DO NOT do anything just yet. The advice so far may be perfect but.... there are other factors that may have to be taken in consideration.

Arachnid

Well, I am F-1 hopefully going onto H1-B. Her mom filed and the paper work has been approved. She has to now apply for further action to be taken (I-824 since he is not here right now). She however was filed for as an unmarried child over 21. Hopefully you can shed some light. Thanks.

Sylvia Ottemoeller

"Arachnid" <member35115@british_expats.com> wrote in message
news:[email protected] m...

    > > WAAAIIIIITTTT... Hear schreeching of brakes.
    > >
    > > What status are EACH of you and when did you file, enter the USA and
    > > how long etc., Give details and we can help.
    > >
    > > DO NOT do anything just yet. The advice so far may be perfect but....
    > > there are other factors that may have to be taken in consideration.

    > Well, I am F-1 hopefully going onto H1-B. Her mom filed and the paper
    > work has been approved. She has to now apply for further action to be
    > taken (I-824 since he is not here right now). She however was
    > filed for as an unmarried child over 21. Hopefully you can shed some
    > light. Thanks.

Two questions:

Is the mother of your fiancee a U.S. citizen?
When was the I-130 petition filed (month and year)?

It is virtually certain that your marrying your fiancee before she obtains
permanent resident status will delay her getting PR status, by about 3 years
if her mother is U.S. citizen before you marry, and by many more years if
her mother is not yet a citizen at the time.

If you marry, and if her category is Family 3 at that time, you would become
a permanent resident at the same time as she does.

However, if you wait to marry until after she becomes a permanent resident,
then you must wait another 5 years or so after that to become a PR.

Here is some light reading on the topic:
http://travel.state.gov/visa/frvi/bu...etin_1343.html.