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F1 student marrying to a permanent resident.

San Francisco, CA |

I am on an F1 visa and marrying to my boyfriend who is a permanent resident.

1. Can I get married in the US as a F1 student?

2. My PR boyfriend will become eligible to apply for a citizenship in June 2012. Approximately, how long does naturalization process take from the time he applies till he becomes a citizen?(He is a Japanese living in SF)

3. Untill he becomes a citizen, he is not going to file an I-130 to avoid the trouble at the port of entry for me. Can he file it at the time of application for a citizenship or has to wait till he actually becomes a citizen?

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Attorney answers 1


1. Being in F-1 status does not prohibit you from marrying someone in the US. (But see the answer to Number 3).

2. The naturalization process varies by district. Sometimes it can take up to one year or longer. He should consult with an attorney to determine processing times.

3. Even though you are not going to be filing an I-130, you still may have problems entering the US if you are married to a permanent resident. Every time you enter the US, it is in the discretion of Border Patrol to determine why you are coming in to the US. If you are married to a permanent resident, they may make the assumption that you are not going to abide by the terms of your F-1 visa (i.e., leave the US), and that you have intent to remain here.

You should speak with an attorney and discuss the pros and cons of marrying now and filing any other applications with USCIS.

Note: The content of this reply does not constitute legal advice or create an Attorney/Client relationship in the absence of an agreement for legal services/retainer with my office. This is just a place to start in deciding what to ask your lawyer.

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