Marrying a Green Card ( GC in process )
Hi,
I am planing to marry a Green Card. Her GC is in processing which is family based. She is expecting her GC next year 2011 Sept.
I am currently on F1-OPT. Just want to know would it be any beneficial for me ? I heard i file 845 petition and we both will get GC together :s but I dont know.
please help me.
Thanks,
-Nomi
No you dont file a 485 now, and yes when ever she will be processed in 2011 like you are expecting you can have yourself added, its called a derivative status if you are married to her at the time of her adjustment. You will file your 485 at that time.
This is a tricky situation. If you marry her before her green card is approved, you could destroy her green card process depending on which category her green card application is in.
If she is a derivative beneficiary on her parents primary green card process, or her parent is directly filing for her but that parent is a permanent resident, you cant obtain a derivative green card and if she gets married before green card approval she would lose eligibility for the green card.
If her GC category allows marriage without voiding the process, you could qualify for a derivative green card if you marry her before her GC is approved, but the marriage could move her to a different category and delay her green card for years.
The other issue is that her priority date needs to be current for you to file the I-485. So if your F1-OPT expires before that happens, youll have to leave the US and pursue the GC process at a consulate, unless you get some other visa that allows you to stay like H1B.
Who is filing the green card for her, is she the direct or derivative beneficiary, and is the person filing for her a US citizen? Please clarify so we can explain your options better.
I have a quick question because I think it fits here. My girlfriend has an open 485 from her brother to become a permanent resident. She is a valid f1 student right now. After 3 years, she received her "approval" letter and is awaiting an appointment/interview currently. Will they assign her to go back to Venezuela for her interview or can she stay here somehow? She and I are both concerned about her leaving and want to know the process. Thanks!