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Immigration Issues/Marrying to f1 visa holder

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Question
Hello sir,
How are you? I am from India.I have greens card. And still 3 years left for become U.S. citizen. I came USA in April, 2006.
I just want to know that my fiance is in F-1 visa. She just came USA before 2 months. Now we want to marry.
Like will it affect my citizen issue? Can i apply for her green card now? After applying for her green card if she want to go India then can she do it easily in and out from USA?And  what about her status like F1 or anyother?

If you can help me with my issues.
I will be thankful to you,
Thank you,
Hardik Patel

Answer
Hi,

F1 visa status is not consistent with intention to immigrate to the U.S. There is no problem in getting married, but you should not file an I-130 petition ("petition for alien relative") for your fiancee upon marriage.

It is safe to sponsor your wife (when you are married) only when you are a U.S. citizen. Your fiancee should continue to maintain nonimmigrant visa status (such as F1 visa status) until this time. When you are a U.S. citizen, both the I-130 petition as well as your wife's adjustment of status application (Form I-485) along with all other applications can be filed concurrently.

Regards,
Ajay K. Arora, Esq.
www.H1B1.com  

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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