i have green card i wanna get married with my girlfriend who has student visa F1 , how long take her to get her green card and can she travel overseas and comeback?
For the month of January 2013, the F-2A category for spouses and children of permanent residents is available for petitions filed before September 22, 2010, worldwide except for those born in Mexico (which is backed up to 9/1/10). A guesstimate is that the time to become current will be between 2 – 3 years. During that time, the best advice for your wife would be to remain in the States. F-1 visa status is based upon nonimmigrant intent, and an indication that she is married to a permanent resident who has petitioned for her green card may cause problems with visa renewal or even reentry into the U. S. at a port of entry. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
If you are not a USC you can still sponsor a wife but she will need to wait a couple of years for an immigrant visa to adjust her status in the US. During that wait time she will want to maintain her F-1 student status ideally. Since F-1 is solely a nonimmigrant visa category -- not a dual intent (nonimmigrant and immigrant) category, travel and admission as an F-1 after an immigrant visa petition has been filed may result in a finding by USCIS that she misrepresented her intent at admission if she travels as an F-1 so I would have her do any traveling prior to marriage and filing of the I-130 and sit tight afterwards.
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