Question about I-140

[tutugirlBSN]

My friend with whom we both graduated together this summer is also an F1 student and currently on her OPT. The hospital whom she works for filed an I-140 on her behalf this october. The thing is her boyfriend of 4 years who is an American citizen proposed and is planning to marry her very soon, hopefully before her OPT expires early next year.

The issue is she is worried because people told her that they might not grant her a green card because an I-140 was previously sent on her behalf. They might think she is desperately trying to get a green card. I really dont know what to tell her.

[lawrence01]

Before I proceed, note that this will just be my opinion.

Directly, there should be no correlation between the two. Meaning, an employer filing for a petition for a possible future employee should have no bearing to what happens to their employee's marital status, presuming that the marriage is not a marriage by convenience or a fraud just to get a GC.

It just so happens, that marriage by convenience is one of the oldest tricks in the US Immigration history and they are very aware of all the tricks. They must have books of "how to spot fraudulent marriages" by now.

Too cut it short, don't be surprised if they investigate if the marriage is base on true love or not and you shouldn't take it personally either. It will just be protocol.

Will the filing of the I-140 contribute to a possible investigation? It may indirectly, of course. As well as the timing and the current scenario. F1 nursing student, on an OPT about to expire and cannot remain in the US due to retrogression and nothing can be filed except the I-140. Will need to get out out of the US within 60 days once OPT expires then a knight-in-shining armor just happens to come along and save the damsel in distress.

And one really can't blame them if they do investigate; it's their job. One can't also blame other people if they will have doubts as well. If your friend knows that the marriage is for real then there should be no problems and there's nothing to be afraid of.