Should I be sponsored as a Fiancee or Married Couple? 2 Answers as of June 22, 2011

My boyfriend is a US citizen and we are engaged. Now he want to sponsor me either as a fiance or married couple. Which option will take a shorter time for me to get a permanent green card? Is it correct that after I get my permanent green card I have to wait another year to apply for citizenship? What will happen if my F-1 visa ( the legal visa I had when entering the US) expires before I get either conditional green card or the permanent one?

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World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
It sounds like you are in the US on a F-1 student visa. If that is true, then sponsoring you as a spouse will be much faster. Since you came to the US with a visa, you will be allowed to change your status without issues. You will become a USC's immediate relative, which gives you an immediate visa from the moment that you file your adjustment packet (everything at the same time). Since you will receive your green card through marriage with a USC, the law requires that you be given a Conditional LPR for the first 2 years and after that you will have to file the I-751 to remove the condition on your LPR so that you can get your 10-year green card. It is true that once the initial 2 years run and you come to your 3rd year of being a LPR, you can file for citizenship 3 months before your 3rd year LPR anniversary. Now, you will not have to worry about your F-1 status once you get your conditional LPR. It will quite simply become irrelevant. I hope this helps. Good luck!
Answer Applies to: California
Replied: 6/22/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
You need to schedule an appointment with a competent immigration attorney for a full analysis of your question above. It is a good one but normally takes me a full hour long consult to answer it completely! If you enter as a fiancee, you apply for a green card in the US, while if you enter on an immigrant visa, you are essentially applying abroad for the green card and processed upon entry to the US. You are not allowed to use a non immigrant visa, like the F-1, to enter the US for the purpose of marriage/green card. That is considered immigration fraud/misrepresentation which leads to denial of your green card and removal from the US.
Answer Applies to: California
Replied: 6/21/2011
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