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Changing F1 VISA after marriage with Green card holder
Anonymous3 views3 answers
Hi dear!
I am in US as student F1 VISA and I was married recently with green card holder. I will finish my school by 9 months later.
1) Could you please let me know what action I do to stay legally with my husband?
2) How can I continue to study in next level after this action?
That would be very kind of you to quid me in right direction and I heartily appreciate you.
Alexander Joseph SegalImmigration AttorneyNew York, NYNY licensed ·
Letting you know: F2A immigrant visa category is backlogged by about two years (April 2014 or earlier). That means, when your husband files the I-130, you will not be able to seek adjustment of status until after the PD for F2A category becomes current, the availability day comes or the husband naturalizes, whichever comes first. Further letting you know: in the earlier scenario, you will have to be in a valid nonimmigrant status on the day the availability day comes which is now about a year sooner that the PD date, to be able to file for AOS. It is possible that by the time you graduate plus the 60 days grace period, your availability date would come, in which case you would be able to adjust. This however, is not something any of us knows at this time.
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
1. Your GC holder spouse can begin by filing a Form I-130 immigrant petition on your behalf. It currently takes 1.5 year on average to process and enable you to file for GC yourself. Kindly note that to be able to "adjust status" ("AOS") in the US, i.e. apply for permanent residence ("Green Card") as the spouse of a GC holder you must make sure to maintain valid non-immigrant status until such time as your priority date under the F-2A category becomes "current" and you can apply for I-485 AOS. Also note that the mere fact that an I-130 petition has been filed will not confer you with the legal right to remain in the US while it is processing. Again, you must maintain another, valid non-immigrant status to be able to remain in the US during that time.
2. Better wait until enroll into your "next level" of studies and obtain the extension of your current F-1 status before having your husband file the I-130 petition on your behalf, because F-1 status requires "non-immigrant intent' and it will be impossible to renew/extend your F-1 status once an I-130 has been filed, due to the "immigrant intent" of that petition which will then be imputed upon you.
Your resident spouse can file the FORM I-130 with USCIS on your behalf. You must remain in lawful status until the visa is available in the F2A category and you will then be able to adjust status with USCIS.
