QUESTION
Can I adjust my status to green card here or is the rule is only for marrying a citizen?
Asked on Sep 28th, 2012 on Immigration - Texas
More details to this question:
I came here on f1 student visa. I am out of status right now from one year. I am marrying a permanent resident. If yes then, how long I will have to wait.
5 ANSWERS
Rebecca T White
The best option is going to be for your spouse to obtain US citizenship as quickly as possible and then file on your behalf from there.
Answered on Oct 04th, 2012 at 1:06 AM
You cannot derive any immediate immigration benefits from marrying a green card holder. Once you marry, the green card holder spouse can petition for you but you will only be able to adjust status when the green card holder spouse becomes a US citizen and then the petition on your behalf will be converted to that of an immediate relative.
Answered on Oct 01st, 2012 at 1:03 PM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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It takes about two years to adjust status through a marriage to a permanent resident and you must be maintaining status. If you are out of status, then you can only adjust in the US through a marriage to a US citizen. So you must wait until the permanent resident gets US citizenship before processing the adjustment of status paperwork.
Answered on Oct 01st, 2012 at 12:32 PM
Bankruptcy Attorney serving Los Angeles, CA
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The Law Offices of Amy Ghosh
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It depends. Normally you have to wait 3 years or so but if your spouse becomes citizen before that then you can apply for adjustment right away.
Answered on Oct 01st, 2012 at 11:45 AM
Bruce A. Coane
Marriage to green card holder falls under a quota, so no immediate adjustment for anyone. And, if you are out of status, no adjustment even when quota is current. And, if you leave for visa interview, you will be subject to the 10 year bar. The best is to wait until your spouse is a US citizen, then file for adjustment.
Answered on Oct 01st, 2012 at 11:43 AM