F1 visa holder to marry LPR, advise process to an AOS...

[Expecting 0]

I have an in-status F1 visa and about to marry an LPR. Can you kindly give me a walk-through on me on getting an AOS, Work Authorization and a GC, if possible, and the approximate wait time. Most I read here are marriages to USCs and not LPRs.

Thank you for your time.

[Expecting 0]

I hope this is the proper thread to put this. I have an in-status F1 visa and about to marry an LPR. Can you kindly give me a walk-through on me on getting an AOS, Work Authorization and a GC, if possible, and the approximate wait time. Most I read here are marriages to USCs and not LPRs.

Thank you for your time.

[amykathleen2005 441]

http://www.uscis.gov...000082ca60aRCRD

Some info here.

https://docs.google.com/viewer?url=http%3A%2F%2Fwww.uscis.gov%2FUSCIS%2FResources%2FB1en.pdf

Edited July 19, 2012 by amykathleen2005

[Darnell 8,478]

i am not aware that this adjustment is even possible, when married to a LPR.

Sorry.

[aleful 1,905]

I hope this is the proper thread to put this. I have an in-status F1 visa and about to marry an LPR. Can you kindly give me a walk-through on me on getting an AOS, Work Authorization and a GC, if possible, and the approximate wait time. Most I read here are marriages to USCs and not LPRs.

Thank you for your time.

over 2 years of waiting and no work authorization until priority date is current and you can adjust status, you must maintain your F1 legal status until the priority date is current and you have your interview.

[Penguin_ie 5,993]

** two topics on the same issue merged. Please do not start more than one topic on an issue ****

You cannot AOS as the spouse of a greencard holder, that is for spouses of US citizens

[NigeriaorBust 4,087]

Spouses of LPR's have a many year wait for a visa numbers , there is no AOS. You must stay F1 or return to your home country to wait for a visa number.

[JimVaPhuong 4,863]

over 2 years of waiting and no work authorization until priority date is current and you can adjust status, you must maintain your F1 legal status until the priority date is current and you have your interview.

This is the correct answer. The visa category for the spouse of an LPR is FB2A, which means you can't become an immigrant until there's a visa number available. A visa number will be available when your priority date is current. Your wife will submit an I-130 petition for you. When USCIS receives the petition they will assign a priority date; i.e., the date they received the petition. Watch the visa bulletin each month to see when your priority date is before the current cutoff date for FB2A:

http://travel.state.gov/visa/bulletin/bulletin_1360.html

You can see it's currently about a two year wait, but the time may be shorter or longer by the time your priority date becomes current. You can't submit an AOS application until your priority date is current.

Here's the kicker - you have to maintain your non-immigrant status in the meantime. If your F1 status expires then you can't adjust status. This requirement is waived for immediate relatives of a US citizen, but not for anyone in a family preference visa category. This is why you don't read much about spouses of LPR's adjusting status. Most never qualify. If your F1 status expires then you'll need to return to your home country to go through regular consular processing for a visa when your priority date is current.