Process for marriage within the US

[Moldovandish 0]

A friend of mine is in the States on a student visa. He met and married a green card holder. He's got another year in college on his current visa.

What is the best way for them to proceed at this point? Is there a way for them not to be separated?

[Anh map 2,098]

Follow the guide for Adjusting Status, same as you did a while ago. http://www.visajourney.com/forums/index.ph...page=i130guide2

[Moldovandish 0]

I know the process that i went through, but I wonder if the fact that the spouse is a green card holder and not US citizen changes anything.

[rsn 135]

I know the process that i went through, but I wonder if the fact that the spouse is a green card holder and not US citizen changes anything.

It does change things. First the GC holder will have to file an I-130 for the foreign spouse, and because the GC holder is not a U.S. citizen, it will likely take years before visa number is issued at which point you can adjust status (file I-485). Currently, USCIS is working on apps filed on Jan 15, 2006 for I-130s filed by GC holders.

Edited August 25, 2009 by rsn

[Anh map 2,098]

I know the process that i went through, but I wonder if the fact that the spouse is a green card holder and not US citizen changes anything.

Gotta change my contacts, my mistake. The spouse can't adjust status and remain legally.

As stated (correctly ) above file and then can upgrade the petition if the GC holder becomes a citizen.

[Chris Me lil D 17]

A friend of mine is in the States on a student visa. He met and married a green card holder. He's got another year in college on his current visa.

What is the best way for them to proceed at this point? Is there a way for them not to be separated?

When is the GC holder going to become a US citizen? If not anytime in the next one year, then your friend should go back to his country and his petition could be upgraded once his wife gets the citizenship. What he could do though, he could get his OPR next year after he graduates college, and working legally in US for a year, could try to find a sponsor for H1B visa. When he does find one, he changes his status. H1B is usually issued for 5 years period. So, he'd have enough time for his wife to become US citizen and then do Adjustment of Status for him.