marrying a permanent resident...can i apply for permanent residency???

[africanqueen12 0]

hello all

am new to the site and it seems very insightful so far.i have a bit of a situation and will appreciate any feedback on this.i am engaged to be married in a few months. i am here as an international student.we have been together for a long while now and he proposed (yay)!

my fiance is a permanent resident and has been since 1997.i would like to know if its possible for me to apply for permanent residency and possibly adjust my status.thank you all for your time.

[Sylvia_n_Joseph 3]

NO adjust while here is a privilage for US citizens only. A LPR can file an I-130 for a forgien spouse . The current processing date is Jan of 2005. However if he files and becomes a citizen before you are approved the original filing date is used for the priority date as a citizen.

[pushbrk 13,176]

hello all

am new to the site and it seems very insightful so far.i have a bit of a situation and will appreciate any feedback on this.i am engaged to be married in a few months. i am here as an international student.we have been together for a long while now and he proposed (yay)!

my fiance is a permanent resident and has been since 1997.i would like to know if its possible for me to apply for permanent residency and possibly adjust my status.thank you all for your time.

No. I suggest you fiance apply for and receive US Citizenship. Then you can apply to adjust status. In the meantime, you're here legally. If you want to marry, that's up to you. If you want to stay after your current status ends, you'll need to comply with all applicable US immigration laws.

[Guinavere 0]

I was under the impression that you would be able to apply for adjusment of status if you marry a US citizen or a lawful permanent resident. In other words, there is no reason for your fiance to become a citizen as long as they are a lawful permanent resident of the US.

"n order for a relative to sponsor you to immigrate to the United States, they must meet the following criteria:

*

They must be a citizen or lawful permanent resident of the U.S. and be able to provide documentation providing that status.

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They must prove that they can support you at 125% above the mandated poverty line, by filling out an Affidavit of Support

The relatives which may be sponsored as an immigrant vary depending on whether the sponsor is a U.S. Citizen or a lawful permanent resident.

*

If the sponsor is a U.S. Citizen, they may petition for the following foreign national relatives to immigrate to the U.S:

o

Husband or wife

o

Unmarried child under 21 years of age

o

Unmarried son or daughter over 21

o

Married son or daughter of any age

o

Brother or sister, if the sponsor is at least 21 years old, or

o

Parent, if the sponsor is at least 21 years old.

*

If the sponsor is a lawful permanent resident, they may petition for the following foreign national relatives to immigrate to the U.S.:

o

Husband or wife, or

o

Unmarried son or daughter of any age.

In any case, the sponsor must be able to provide proof of the relationship."

Edited June 4, 2008 by Guinavere

[payxibka 10,047]

The I-485 is NOT a petition but an application to adjust status...

What you quoted is information stating that a USC and LPR may petition ( AKA the I-130 petition for an immigrant visa ) for certain immediate relatives to immigrate.... which is absolutely true...

There is no ability for the spouse of an LPR to file an I-485 application directly for a spouse from inside the USA....