Changing status

[Hida_Zaza 0]

My friend from Kosovo has been in Iowa since 2008. She came here in a student visa and she is still going to school here in Iowa. Before she decided to come to the US, she was introduced to a guy from Kosovo who moved to Iowa 10 years ago. He is still a permanent resident and my friend and him got married as soon as my friend came to the US. Her student visa is about to expire and she wants to know the process of getting a marriage visa, so that she does not have to go back to Kosovo when her student visa expires. She has asked several lawyers and they have told her to wait until her husband becomes a US citizen. That is supposed to happen in 2011 and she does not have that much time. Any suggestions??????????????????????

[Bobby+Umit 161]

My friend from Kosovo has been in Iowa since 2008. She came here in a student visa and she is still going to school here in Iowa. Before she decided to come to the US, she was introduced to a guy from Kosovo who moved to Iowa 10 years ago. He is still a permanent resident and my friend and him got married as soon as my friend came to the US. Her student visa is about to expire and she wants to know the process of getting a marriage visa, so that she does not have to go back to Kosovo when her student visa expires. She has asked several lawyers and they have told her to wait until her husband becomes a US citizen. That is supposed to happen in 2011 and she does not have that much time. Any suggestions??????????????????????

LPR's:

To obtain a green card for your family member, you must:

File Form I-130

Provide proof of your status to demonstrate that you are a permanent resident.

Submit evidence of the qualifying relationship such as a birth certificate, marriage certificate, divorce decree, etc. See the form instructions for specific documents required.

Submit proof of any legal name change for you or your family member (the beneficiary).

Second Preference (2A): Spouses of green card holders, unmarried children (under 21) of permanent residents

If your relative is already in the United States legally, he or she may apply to adjust status to become a permanent resident after a visa number becomes available using Form I-485, Application to Register Permanent Residence or Adjust Status.

Source

Since she came here legally (student) they can follow the info above to file for GC.

Once he becomes an USC, they can change the case to this new status.

[milimelo 4,539]

My friend from Kosovo has been in Iowa since 2008. She came here in a student visa and she is still going to school here in Iowa. Before she decided to come to the US, she was introduced to a guy from Kosovo who moved to Iowa 10 years ago. He is still a permanent resident and my friend and him got married as soon as my friend came to the US. Her student visa is about to expire and she wants to know the process of getting a marriage visa, so that she does not have to go back to Kosovo when her student visa expires. She has asked several lawyers and they have told her to wait until her husband becomes a US citizen. That is supposed to happen in 2011 and she does not have that much time. Any suggestions??????????????????????

Continue studies, get an H1B visa or go back to Kosovo until visa number becomes available -- that is if they filed I-130.

No other options - there are LPRs who have to wait the full 5 years outside the country.