F1 holder is getting engaged with a green card holder

Google eUSR41
Apr 30 12 Comments

So my bf is a green card holder (he can apply to be a U.S. citizen in two years) and a Canadian. I am from China and now hold a F1 Visa and currently work using F1 OPT stem extension. And my company sent my profile to H1B lottery already this April.

We planned to get married in one year. In order for me to continue working in the states legally , should my bf and I registered at City Hall in the states or should we get married in Canada? Ideally we don't want to get separated at all before I can get a green card.

Thanks!

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TOP 12 Comments
  • Citadel Securities wagecuck3
    You should get married in the US, and not leave the country until either you get your H-1B or your priority date for the green card application through the marriage becomes current. If you get married in Canada, you may be denied entry into the US when they discover that you're married to an LPR, as F-1 does not allow dual intent.
    May 2 2
    • Microsoft Wela
      That’s true best hire a lawyer
      May 2
    • Google eUSR41
      OP
      My case is I have J1 waiver thing, so if I get h1b, I will have to go back to China to get h1b. Since I am on F1, USCIS may flag me
      May 7
  • Tesla uhhyhhgh
    His green card won’t make you legal if you lose your status.
    You will have to maintain it until your case becomes current when he sponsors your green card. It was 2-3 year of waiting time 5 years ago. Not I can be worse. Good luck.
    Apr 30 2
    • Google eUSR41
      OP
      Then we should get married as soon as possible given the waiting time ...
      May 1
    • Tesla uhhyhhgh
      Yes
      May 1
  • Consult a lawyer. You will likey need your own independent status. A green card holder cannot sponsor spouse.
    Apr 30 1
    • Tesla uhhyhhgh
      He/she can. But in case of a citizen a spouse can be out of lawful status to do AOS.
      Apr 30
  • SpaceX skip_ad
    If he is on GC, it will take approximately a year and half to get you GC, once after you get married
    Apr 30 1
    • Google eUSR41
      OP
      Same for everyone? Thought waiting time is longer for Chinese lol
      May 1
  • Flagged by the community.

  • Microsoft UseDeFeet
    Shouldn’t matter. Legal marriage is recognized with reciprocity.
    Apr 30 0

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