AngelaZ

Hi, all,
I am an canadian citizen now holding F1, which will expire on
July, my boyfriend is GC holder and will be an citizen of the US in
2006, I have the following two options :

1)if I will marry him before
F1 expiration on July, then apply GC based on marriage, how long the
application will be taken for processing in california?Where shall I
stay when the application is in processing? (Note: my boyfriend is not
US Citizen yet), when application is still processing, can I apply TN if
I got a job offer?

2)if I will marry him after F1 expiration, ie, I am
in US as a visitor on September, will I get any problem when I applying
GC based on marriage? How long can I legally stay in the US after
submitting the GC application? Can I go outside the US during the time?

Thank you so much, please tell me if you have any better idea.

Angela

Amanda

Whatever you plan to do, get onto OPT at the time of graduation.


AngelaZ <member23219@british_expats.com> wrote in message news:<>...
    > Hi, all,
    > I am an canadian citizen now holding F1, which will expire on
    > July, my boyfriend is GC holder and will be an citizen of the US in
    > 2006, I have the following two options :
    >
    > 1)if I will marry him before
    > F1 expiration on July, then apply GC based on marriage, how long the
    > application will be taken for processing in california?Where shall I
    > stay when the application is in processing? (Note: my boyfriend is not
    > US Citizen yet), when application is still processing, can I apply TN if
    > I got a job offer?
    >
    > 2)if I will marry him after F1 expiration, ie, I am
    > in US as a visitor on September, will I get any problem when I applying
    > GC based on marriage? How long can I legally stay in the US after
    > submitting the GC application? Can I go outside the US during the time?
    >
    > Thank you so much, please tell me if you have any better idea.
    >
    > Angela

Drvr1

What do you mean by he becomes a citizen in 2006?
If you mean he
qualifies to apply then it will take a year
or so for him to become a
citizen so we are taling about
2007 ie 3 years from now.

The opt
solutions can work only for a year after graduation
but you qualify for
one year before. I suggest that
you not graduate and get opt before
graduation; but you
must rush and get things done.

Then after a year
of opt work, graduate and get a post
graduation opt. This will bring you
to 2006.

Then try to get an H-1 visa while he gets his citisenship.


Whatever you do; do not over stay your visa. You are
in good shape and
must not risk it.


Originally posted by AngelaZ
    > Hi,
all,
    > I am an canadian citizen now holding F1, which will expire on
July, my boyfriend is GC holder and will be an citizen of the US in
2006, I have the following two options :
    >
    > 1)if I will marry him
before F1 expiration on July, then apply GC based on marriage, how long
the application will be taken for processing in california?Where shall I
stay when the application is in processing? (Note: my boyfriend is not
US Citizen yet), when application is still processing, can I apply TN if
I got a job offer?
    >
    > 2)if I will marry him after F1 expiration, ie,
I am in US as a visitor on September, will I get any problem when I
applying GC based on marriage? How long can I legally stay in the US
after submitting the GC application? Can I go outside the US during the
time?
    > Thank you so much, please tell me if you have any better idea.

Angela

AngelaZ

Ask smart guys again :)

Thank you so much for your reply, mabybe I
didn't state clearly, the problem is my OPT will expire on July. If I
marry him after July, will I get any problem ? My status will be a
visitor after July, Someday probably three years after when I apply GC
based on the marriage, will I have any problem? I guess my status on
the marriage date will be checked , and asked for the evidence of my
status when I marry him , if I tell them I was a visitor in the US then,
is that all right?
But if I marry him before OPT expiration, I have F1
OPT status when I marry, and think it will be much better, isn't it?

Amanda

drvr1 <member18662@british_expats.com> wrote in message news:<>...
    > What do you mean by he becomes a citizen in 2006?
    > If you mean he
    > qualifies to apply then it will take a year
    > or so for him to become a
    > citizen so we are taling about
    > 2007 ie 3 years from now.
    >
    > The opt
    > solutions can work only for a year after graduation
    > but you qualify for
    > one year before.

    > I suggest that
    > you not graduate and get opt before
    > graduation; but you must rush and get things done.

I didn't know one can get OPT before graduation.


    >
    > Then after a year
    > of opt work, graduate and get a post
    > graduation opt. This will bring you
    > to 2006.

I didn't know that one can get OPT a second time after graduation.

    >
    > Then try to get an H-1 visa while he gets his citisenship.
    >

I think he should just stay on F-1 as long as possible (unless he can
get OPT before and after graduation) and then get on OPT , timign such
that during which he can apply for greencard.

While on F-1 get work permit via hardship. How about Co-op?

    >
    > Whatever you do; do not over stay your visa. You are
    > in good shape and
    > must not risk it.
    >
    >
    > Originally posted by AngelaZ
    > > Hi,
    > all,
    > > I am an canadian citizen now holding F1, which will expire on
    > July, my boyfriend is GC holder and will be an citizen of the US in
    > 2006, I have the following two options :
    > >
    > > 1)if I will marry him
    > before F1 expiration on July, then apply GC based on marriage, how long
    > the application will be taken for processing in california?Where shall I
    > stay when the application is in processing? (Note: my boyfriend is not
    > US Citizen yet), when application is still processing, can I apply TN if
    > I got a job offer?
    > >
    > > 2)if I will marry him after F1 expiration, ie,
    > I am in US as a visitor on September, will I get any problem when I
    > applying GC based on marriage? How long can I legally stay in the US
    > after submitting the GC application? Can I go outside the US during the
    > time?
    > > Thank you so much, please tell me if you have any better idea.
    > >
    >
    > Angela

Drvr1

i AM not sure what you mean by visitor status but it will be ok
if you
marry before or after so long as your status is legal.
Is there
something about Canada? I assume you should leave
after your opt
expires.

marriage to a GC does not give you any short term benefit.


As I said do not overstay.



Originally posted by AngelaZ

    > Ask smart guys again :)
    >
    > Thank you so much for your reply,
mabybe I didn't state clearly, the problem is my OPT will expire on
July. If I marry him after July, will I get any problem ? My status
will be a visitor after July, Someday probably three years after when I
apply GC based on the marriage, will I have any problem? I guess my
status on the marriage date will be checked , and asked for the
evidence of my status when I marry him , if I tell them I was a
visitor in the US then, is that all right?
But if I marry him before
OPT expiration, I have F1 OPT status when I marry, and think it will be
much better, isn't it?

AngelaZ

Originally posted by drvr1
    > i AM not sure what you mean
by visitor status but it will be ok
    > if you marry before or after so
long as your status is legal.
    > Is there something about Canada? I
assume you should leave
    > after your opt expires.
    >
    > marriage to a GC
does not give you any short term benefit.
    >
    > As I said do not
overstay.

Drvr1,Thank you for your reply, I will leave for
Canada before OPT expires, but if I reentry U.S again as a Canadian
citizenship after staying in Canada only for one week, will I get any
problem on the boarder? Do you think "one week" is too soon for me to
back to the U.S.? If the officer know that, will they reject me even
though I hold Canadian citizenship?

Sylvia Ottemoeller

"AngelaZ" <member23219@british_expats.com> wrote in message
news:...

    > Thank you so much for your reply, mabybe I
    > didn't state clearly, the problem is my OPT will expire on July. If I
    > marry him after July, will I get any problem ?

Yes, you will probably have a big problem, unless you can get H-1B status
right away.

My status will be a
    > visitor after July,

You cannot get B-2 (visitor's status) without doing one of two things:
leaving the U.S. and re-entering in visitor's status, or filing I-539 asking
to change from F-1 to B-2 status. While Form I-539 is pending, if you leave
the U.S., you will abandon the I-539 application.

You don't sort of automatically drift into visitor's status. The U.S.
government has to take a look at your situation and decide whether you
should hold visitor's status.

Someday probably three years after when I apply GC
    > based on the marriage, will I have any problem?

B-2 status is generally granted for 6 months maximum time. If a Canadian
visitor does the usual crossing the border without paperwork, he or she is
deemed to hold B-2 status valid for 6 months. After that 6 months, unless
you have applied for an extension of status, or applied to change to another
status, you will have violated your temporary status in the U.S.

Also, if a person intends to remain in the U.S. permanently, as you will,
and does not disclose that fact at entry, the person may get into trouble
later for misrepresentation. And if the person *does* disclose the intent,
then the entry as a visitor will probably be denied because it is improper.

I guess my status on
    > the marriage date will be checked , and asked for the evidence of my
    > status when I marry him , if I tell them I was a visitor in the US then,
    > is that all right?

If you remain in the U.S. continuously until your spouse becomes a U.S.
citizen, then there is a way that you can get permanent resident status in
spite of the long violation of status. However, if you choose this path,
you cannot leave the U.S. for all that time, and you cannot be employed for
all that time.

    > But if I marry him before OPT expiration, I have F1
    > OPT status when I marry, and think it will be much better, isn't it?

No. Such a marriage does not give you any immigration benefit, other than
being able to get permanent resident status 6 or 7 years later (based on a
permanent resident spouse), or perhaps during 2007 sometimes (based on
spouse who becomes a U.S. citizen in 2006). In fact, the marriage will
count against you for the purpose of extending B-2 status, or changing to
any other status except H-1B which allows permanent intention, or travel
outside the U.S. and re-entering. All these actions will be difficult or
impossible.

Here are your original questions:

1)if I will marry him before
F1 expiration on July, then apply GC based on marriage, how long the
application will be taken for processing in california?

6 or 7 years, or 2007 or 2008, depending on choices.

Where shall I
stay when the application is in processing?

The proper place for you to stay is Canada, unless you qualify for a status
in the U.S. that allows permanent intent.

(Note: my boyfriend is not
US Citizen yet), when application is still processing, can I apply TN if
I got a job offer?

If you are already married when you apply for TN status, the status will
probably be refused, because it requires temporary intention. Also, TN
status is granted for one year at a time. You may get your first period of
TN status before you have married, without a problem. However, when it
comes time for you to extend TN status, either inside the U.S. by having
your employer file Form I-129, or by leaving the U.S. and entering in a new
one-year period of TN status, you may have your request refused because you
have married a U.S. citizen.

2)if I will marry him after F1 expiration, ie, I am
in US as a visitor on September, will I get any problem when I applying
GC based on marriage?

"Apply GC" will consist of two steps: your spouse filing Form I-130, which
can be done right after the marriage, and you applying for permanent
resident status, either inside the U.S. or outside the U.S. The second step
cannot be done until either the quota has been reached for the Family 2A
category (that's where I get the 6 or 7 year figure), or until your spouse
has become a U.S. citizen. As I said above, there is a way for you to take
the second step and get PR status, even though you have violated status, but
the consequences of that path are not desirable: you cannot leave the U.S.
for all that time, and you cannot be employed for all that time.

How long can I legally stay in the US after
submitting the GC application?

Yes, if you hold H-1B status.

Can I go outside the US during the time?

Yes, if you hold H-1B status.
__________

This is a complicated problem. I suggest that you consult with a good
immigration attorney.

AngelaZ

Sylvia, I appreciate your reply so much, that's all I worried about,
another question, you said"you may have your request(TN) refused because
you have married a US citizen", but actually I would married a Permanent
resident, will I be refused at that time?
Thanks again!

Sylvia Ottemoeller

"AngelaZ" <member23219@british_expats.com> wrote in message
news:...

    > Sylvia, I appreciate your reply so much, that's all I worried about,
    > another question, you said"you may have your request(TN) refused because
    > you have married a US citizen", but actually I would married a Permanent
    > resident, will I be refused at that time?

Yes, it's possible. I know of a nurse who was asking for a new one-year
period of TN. She was married to a U.S. permanent resident, and somehow
that came to the attention of the officer. U.S. immigration denied her TN
status.

I'm not saying this will happen every time. You may be able to "get away
with it." In fact, you probably can get away with it if no I-130 has yet
been filed, by standing in a different line from your husband. But after
marriage, getting a new TN will still be a risk. H-1B status would provide
safety under those circumstances.

I forgot to mention -- there is one other alternative. You could get
admitted to a new academic program and transfer your F-1 status. You have
until the 60th day after the expiration of your F-1 OPT to do this. If you
don't leave the U.S., and just let the school perform the transfer, there is
no particular risk of denial. If you travel outside the U.S. after that,
you would probably be admitted without much risk, until the I-130 is filed.
Of course, this path will force you to get more education!! If you get into
a Ph.D. program, you can make it to 2006, and be able to stay with your
husband, probably.

It might be a better idea for your spouse to avoid filing the I-130 until he
has become a U.S. citizen. The reason I suggest consultation with an
attorney is so that you can make some sense of all these risks.