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GC married to an F-1

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  • GC married to an F-1

    I have a GC. I recently (6 months ago) got married to an F-1 visa holder.

    It has been almost 3 years since I got my Green Card.

    My wife has one more year of Studies and then she will get one year of Practical training (OPT/EAD). So, she can maintain visa status on her own for another two years.

    I am wondering about whether I should file for her GC (on family quota) now or wait till I get citizenship (2 to 3 years from now).

    I am not sure how long does the application takes to get processed if I file on family quota.

    Also, If I file on family quota now, can I change the application when I get my citizenship.

    What is the procedure for Green card filing for my wife once I get citizenship.

    How long does it take normally. There is something called Fiance visa right, Does that apply to Wife also.

    Also, I heard that there is a new bill that helps GC holders to get some visa (like fiance) for their spouses. Any body knows about this ?

    Please advice. I really appreciate your help.

    Cheers
    Sun

  • #2
    "I am not sure how long does the application takes to get processed if I file on family quota."
    5+ years. As you already seem to know, she would have to maintain status on her own during this time. She also couldn't travel abroad, since the F1 does not allow immigration intent, so if she tried to come back on the F1, she most likely would be denied entry.

    "Also, If I file on family quota now, can I change the application when I get my citizenship."
    Yes, that is possible.

    "What is the procedure for Green card filing for my wife once I get citizenship."
    The same as for all family applications: filing an I-130.
    She can file an I-485 at the same time, since there is no quota for spouses of US citizens.

    "How long does it take normally."
    The I-130 for an immediate relative currently has a processing time of 6 months to 1 year.
    The I-485 takes its usual 2 years...

    "There is something called Fiance visa right, Does that apply to Wife also."
    No. The fiance visa is also only for cases where the fiance lives abroad, and enters to marry, and then the I-130 and I-485 are filed.

    "Also, I heard that there is a new bill that helps GC holders to get some visa (like fiance) for their spouses."
    Bills are irrelevant. They are not law. There have been bills pending for quite some time, but they are basically dead and will not go anywhere soon.

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    • #3
      How about tax benefits

      Hi,
      I am in the same boat. I am wondering if you added ur spouse who's on f1 to your w4 ? Also, is that allowed?

      Response is much appreciated. Thx!

      Comment


      • #4
        tax benefit w4

        forgot to mention tha tI have not yet filed for her gc..am waiting for my citizenship (2 more yrs).

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