GC through Spouse - a tricky one
OK, heres the deal:
-- My Fiancee and I are residents of two different states. We also work in our respective states.
-- My Fiancee is a GC holder with her Citizenship interview scheduled fairly soon. Ive been on H1B for 5 years with my priority date in mid 2004.
So instead of waiting for my PD to approach (itd be a while, I know), Im leaning towards filing for my GC on my spouses behalf. Of course, that would imply that I marry her as soon as she gets her citizenship.
So far so good. Heres the tricky part: Im planning the "as soon as she gets her citizenship" wedding in the court [and from here on referred to as the "court wedding"]. The "real wedding" is scheduled for the beginning of next year, which is going to transpire in our home country. So, this is where things get a little tricky (in my head, at least).
1. In what state should I do the "court wedding"? or does it not matter? Were going to be living together in my state when that happens, if that helps.
2. Im going to be applying for the I-130 and I-485, I-765 and I-131. How long does it normally take (in your opinion) for the whole process, specifically the I-131 and I-765 to get approved? Im curious if itd be processed by the time I leave for the motherland for the "real wedding".
3. Again, in your opinion, is it worthwhile for me to go through a lawyer, or is it a rather trivial that I can do it myself?
I would greatly appreciate if you could shed your thoughts on my case, or if theres a word of wisdom youd like to share.
1. In what state should I do the "court wedding"? or does it not matter? Were going to be living together in my state when that happens, if that helps.
It doesnt matter were you get married, you do need to file in the DO from the state were you will be living.
2. Im going to be applying for the I-130 and I-485, I-765 and I-131. How long does it normally take (in your opinion) for the whole process, specifically the I-131 and I-765 to get approved? Im curious if itd be processed by the time I leave for the motherland for the "real wedding".
It depends on your DO, anywhere from 3 months to 3 years... I would say usually between 6-12 months. For the 765 it would take up to 3 months USUALLY. The I-131 is not important, the important one is the 485 to be aproved.
3. Again, in your opinion, is it worthwhile for me to go through a lawyer, or is it a rather trivial that I can do it myself?
Lawyers are expensive and sometimes dumb. We did our research and everything turned out OK.
I would greatly appreciate if you could shed your thoughts on my case, or if theres a word of wisdom youd like to share.
OK, heres the deal:
-- My Fiancee and I are residents of two different states. We also work in our respective states.
-- My Fiancee is a GC holder with her Citizenship interview scheduled fairly soon. Ive been on H1B for 5 years with my priority date in mid 2004.
So instead of waiting for my PD to approach (itd be a while, I know), Im leaning towards filing for my GC on my spouses behalf. Of course, that would imply that I marry her as soon as she gets her citizenship.
So far so good. Heres the tricky part: Im planning the "as soon as she gets her citizenship" wedding in the court [and from here on referred to as the "court wedding"]. The "real wedding" is scheduled for the beginning of next year, which is going to transpire in our home country. So, this is where things get a little tricky (in my head, at least).
1. In what state should I do the "court wedding"? or does it not matter? Were going to be living together in my state when that happens, if that helps.
2. Im going to be applying for the I-130 and I-485, I-765 and I-131. How long does it normally take (in your opinion) for the whole process, specifically the I-131 and I-765 to get approved? Im curious if itd be processed by the time I leave for the motherland for the "real wedding".
3. Again, in your opinion, is it worthwhile for me to go through a lawyer, or is it a rather trivial that I can do it myself?
I would greatly appreciate if you could shed your thoughts on my case, or if theres a word of wisdom youd like to share.
Relax Man. This is not as tricky or complex as you have made it sound like. You can marry your fiancee even before she gets citizenship (You dont have to wait unless you want to). May be that will save some time as then you will just need to submit the forms to USCIS after she gets the citizenship.
Travel to home country: There are two options -
1. Schedule it btween AP receipt and interview. Might be tricky but I did it.
2. Schedule it after the interview.
In either case apply for EAD and AP along with you initial paper work. Both of these documents are usually valid for 1 year.
1. In what state should I do the "court wedding"? or does it not matter? Were going to be living together in my state when that happens, if that helps.
Ans: I married to a USC girl. I am also on H1 and applying like you. I was told that the marriage has to occur in the city court where the girl lives. This was told to me when I approached some different court for taking an appointment for marriage. So, I would recommend take an appointment in the nearest court from your girls address.
Thank You.