If I’m under an F1 visa and am planning to get married to my fiance who is a US citizen, what would be the processing times for the GC if I get married in the US?

What if I get married in my own country? IIs there any difference? Also, can I start working while the GC is in process? Or how long should I wait to receive the work permit?

Asked on September 17, 2014 under Immigration Law, California


Madan Ahluwalia / Ahluwalia Law P. C.

Answered 6 years ago | Contributor

The processing time would be 5-8 months (filing to green card interview) depending upon where you live. Some District Offices are faster than others. It also depends on whether you will be asked to submit any additional evidence after the interview. 90% cases are approved at first interview, if package/document submission is complete.

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It would be best for you to get married in the US and then apply for the adjustment of status to permanent residence.  The process will take about 4-7 months.  About 3 months after you start the process you will be eligible for the employment authorization document.  If you marry outside the US, you will not be permitted to reenter the US in F-1 status as the F-1 visa is a single intent visa and does NOT allow for immigrant intent.  The process to get the immigrant visa abroad will take about 10-13 months.

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