My wife and I are permanent residents and are going to get married in a few months. I am currently a student, with F-1 visa. She is a permanent resident since September 2015. She wants to send an adjustment of status petition to adjust my status after we get married. We know since she is not a US citizen yet, the process takes much longer. Is there any way I can stay in the US and get some sort of temporary visa while this process lasts? Thanks in advance!
Your question is less than clear, since you stated: you and your wife already are Permanent Residents; although she is your wife you plan to become married in a few months; and you now have a student visa. In order to petition for a spouse to adjust status in the U.S., generally (1) the petitioning spouse must be a U.S. citizen, in which case an Immediate Relative case with immediate availability of a visa can be filed, and eligibility still can be maintained notwithstanding the beneficiary spouse's failure to remain in lawful status; or (2) the petitioning spouse may be a Lawful Permanent Resident in which case there is a delay for visa availability and the foreign national spouse must be in valid nonimmigrant status (such as valid F-1 student visa status) in order to adjust status within the U.S. Significantly more information would be needed in order to advise about immigration eligibilities, options and strategies. It would be wise for you and your wife (or fiancee) to consult with an immigration attorney who, after learning all of the relevant information about each of you, would be able to provide advice and offer legal representation in the often complex immigration application process.
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