I recently became a naturalized US citizen and my girlfriend is a F-1 student here with a 5 year visa. We both want to go back to Nepal next year for a few weeks to get married and then travel back to the US. What documents will we need to prepare/file for a smooth travel and then to apply for her Green Card after we return?

Thank you for your help.

Acharya ji,

Girlfriend nai ho, bihe garna jana nai lageko ho bhane ta yatai court marriage garera, green card apply gare bhai halyo ni... takes around 1 month to get travel documents.

Tespachhi nepal gayo formally nepali chalan anusar bihe gre bhai halyo ni

उच्च बिचार प्रकट गरेको हो यो nepalichhoro ले । सारो चित्त बुझ्यो ।

Hmm..hadn't thought of that.

How long does it usually take from the time of application to actually receiving the green card? What form is used for that purposes? Is that what is called adjustment of status?

Thanks again.

Agree with nepalichoro, however, you might want to give this a though....
You both go there...get married....she still comes back with a student visa...then, apply whatever you need to apply once you get here...so that she does not have to leave....
if you apply for fiance visa in nepal, I don't think she can come back with you...heard that it takes a while...do double check though.....

I like nepalichhoro's idea. It will be another 6-7 months before we go to Nepal. I could probably start the application for Green Card right away and see if it is approved before summer. If the Green Card isn't processed by then, I think she'll need to get a travel document -- which will need to be applied 2-3 months well in advance. Am I understanding this correctly?

If so, my question is:

1. What is the right document for applying for permanent residence after court marriage? I-130 or I-485? How long does the processing usually take?

2. If a travel document is needed, does she file I-131 requesting an advance parole because her adjustment of status application is pending?

3. Will some sort of registration of marriage be needed from the authorities in Nepal?

Go to Nepal to get married by ritual for all the family to be happy.
Don't apply for anything in Nepal.
After you come back to US, apply for court marriage (this is your official marriage date)
Then apply for the I-485 for your fiancée.
This takes about 3 month to get a letter for the date of the biometrics.
Then another two months for the interview.
Then another 1 month for the 2 year temporary greencard.

This is what I did, hope this helps.
Also, during the interview show the Nepal pictures as an enagement.

Brainiac, Thanks for your suggestions. This seems like a good and relatively simple idea too, especially if it only takes about 6 months to get the Green Card.

When we apply for I-485, do I file the application to my state of residence or her? (I'm in a northeastern state, she's in the south). Where does the biometrics & interview take place, my city/state or her?

Does the green card actually say 'temporary permanent resident card? Does it have the same benefits as a regular Green Card as far as work authorization/residence is concerned?

Thanks.

biometrics takes place on Bed buddy..
You already got enough suggestions. Now stop it.

u might want to consult with a Immigration lawyer asap and explain your situation to him.

many of them have $100 consultation fee.

Dont ever think of going to Nepal before you marry her in the court. I had a friends wife held at the US Embassy last year who was also a citizen. The best thing you wanna do is marry in US and wait for documents for two months and get the fk out of usa and come back whenever you feel like...goodluck

yea, be careful i guess... cuz F1 students can not have dual intentions; immigrating and studying. you can go back, not tell the embassy you've married and when you come back marry her in court and start the paper work. Or, you marry here and go there after she gets her temporary green card stamped on her passport. takes about three to 5 months for interview call , to get that i think.

Acharya,

My two cents of advice would be get court marriage here and sponsor your girl friend for GC. if you apply in Texas, it will take one months to get it. then go back to Nepal for our traditional marriage with no worries.

Good luck and if you need more info, call me at 972-935-4359. I real name is Dhiren Gurung. Talk to you soon...

If I start the GC application right away, my only concern is that it may not be processed before our planned trip to Nepal. In that case we will have to go through the trouble of getting an Advanced Parole approved 1-2 months before our travel. Not sure how complicated this process is.

Sai ram, can the application be filed in any state? Does it not have to be filed in the state of my or my fiancee's residence?

Getting advance parole is very straight forward case. You can apply for advance parole and work permit along with the the I-485 (adjustment of status). It's extra 15 mintues worth of time and a couple of hundred dollars for filing fee. However, before your wife is able to apply for adjustment of status, I think your sponsorship has to be approved (for other employment based applicants their I-140 had to be approved). Only Vermont and California accept new cases of I-130. Dhiren might have first hand experience about this, better call him.

I haven't heard any cases of denial to entry for those who travel with approved advance parole document. You don't have to wait until greencard approval for travel.

khai bhannu ta mann malai pani thyo tara k bhanne.bistarai bhanam la huna acharya ji

Acharya,

This expedite process only applies for Texas residence. In this case, you really don't worry about Advance Parole.

Thanks
Dhiren

u dont even think of letting your girlfriend travel outside USA with F-1 VISA. she might not be allowed in USA since F1 visa is NoN immigrant visa. she cannot enter usa with intention of getting married.

Harris, so as I understand it, the following appears to be the process if I decide to file for her Green Card right away:

1. I need to file a I-130 with the Service Center belonging to my state.

2. Once I-130 is approved, she needs to apply (in the service center belonging to her state) for adjustment of status (I-485) along with Advance Parole (I-131) for travel.

Is this correct ?

Does the form I-765 (employment authorization) also need to be filed along with these forms or is just I-485 sufficient?