Coming here on F1 and then marrying a GC holder

[yulechka42 2]

Hi my friend came here on a student visa and is now planning on marrying a green card holder and staying here. I was wondering what the process to change her visa would be? Are there any limitations? I am not familiar with student visas and wanted to find out what the process would be like for them.

Thank you,

[Hypnos 6,578]

The green card holder would first need to file an I-130. Since a visa number is not immediate available to the F-1 holder then they would need to wait until the priority date became current on the I-130, which would take approximately two years.

Once the priority date became current then the F-1 holder could file for AoS using an I-485, but only if they had remained in a valid nonimmigrant status during their entire time in the US. If they ever went out of status, even if only for a few days, then their ability to AoS in the US would be gone.

Edited May 13, 2013 by Hypnos

[belinda63 3,041]

There is currently a two to three year wait for spouses of LPRs to immigrate. The LPR spouse would file the I-130 (plus associated items, see guides at the top). If the petition is approved, it will go to storage until a visa number is available. At that time the intending immigrant spouse could file to adjust status from within the US IF they are currently in status. If they are not in status inside the US they will need to undergo the visa procedures in their home country.