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29-Jan-2001 05:24 PM

onF-1:what happens if i marry GREEN CARD HOLDER?

sunny

hi,
i am currently in the us on a F-1 visa.MY fiancee is a green card holder.what happens to my status if we marry?do i have to go back to my parent country or can i get a temporary adjustment status here?will that give me a work permit while my green card comes through?

31-Jan-2001 01:43 AM

Re: onF-1:what happens if i marry GREEN CARD HOLDER?

jack

There is a 5+ year wait for you to receive your green card by marriage. During the time, I believe you still can stay in US with F-1 visa (assuming you are still in-status). I'm not sure if you can travel abroad and return - you should check with your lawyer.

Once you finish your studies and return to your home country, you cannot come to US on a travel visa. Why? Because by marrying somebody with F-1 visa, you've acknowledged that you intent to immigrate permanently, and as you know a tourist visa means you just want to visit. Work visa should be okay.

It's really tricky and you should talk with an immigration lawyer. One thing is clear -- it is quite different than marrying somebody who is US citizen (then it's a lot quicker) and the wait time has become very long. It's totally unfair, but that's the way it goes, I guess.

Hang in there,

Jack

31-Jan-2001 03:13 AM

Re: onF-1:what happens if i marry GREEN CARD HOLDER?

bmozaffari

Sunny:

As Jack mentioned, you will not be able to apply for an AOS, because a Green Card isn't available to you at this time. You will have to wait around 5 years (or sooner... if your finacee can become a US Citizen, as soon as she's a citizen) until a Green Card is available to you. At that time you will file for an AOS.

But: You will have to maintain your student status during these 5 years, if you become an illegal alien (e.g., stop going to school), when your Green Card is reasy, you will be asked to return to your home country, wait for 10 years, and pay a $1000 fine before you can come back and get your Green Card.

Exception: On Dec 15, 2000, the congress passed a law provision reenforcing Section 245i until the April 2001, in plain English:

Anyone who applies for a GC before April 2001 (should you marry her, you need to do so fast and apply for a GC right away) will fall under section 245i. Thus, at any time later when he shall be eligible for a Green Card through any petition, the illegal stay will be pardoned and he will be able to get an AOS from within the US, will be expempt from the 10 year penalty, and will only pay the $1000 fine.

Short story, if you want to do it: Marry her right away, apply for a Green Card fast and have your application accepted before April, and then keep your student status. If you want to let go of your student status, you will be illegal and subject to deportation if you're caught. But if you become illegal and manage to stay hidden and not be deported for the next five or whatever many years (it's not like anybody will come knock on your door!), at that time when your Green Card is ready, you will be able to receive your GC and become legal by paying $1000

Note 1: You won't have a work permit in these 5 years.

Note 2: You won't have to leave the country, but if you do, they will most likely not let you back in (unless they don't know about your wife).

Good luck, Babak

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