permenent resident marrying and aos of spouse

[dancehallquana 5]

the guides specifically say US CITIZEN when giving directions for adjustment of status while both people are in the United States. Is it possible for a permenant resident to file this same paperwork for their spouse, if he/she entered the US legally on a a work visa or is it only possible for a us citizen?

[JohnR! 5,495]

The process for spouses of LPR is different. However, you can file for your spouse while s/he is still here with a valid working visa. If you become a citizen before his/her number is up, then s/he can AOS stateside.

Good luck!

[HollyGolightly 72]

If you are a foreign national in the United States and you are married to a U.S. lawful permanent resident, you are NOT immediately eligible to obtain permanent residence/green card. Only foreign nationals married to U.S. citizens are immediately eligible for permanent residence. As the spouse of a permanent resident, you are what's referred to as a "preference relative." Annual limits apply to the number of preference relatives who are allowed green cards each year, which means there are long waiting lists. Your spouse can start the process for you by filing a visa petition on Form I-130, issued by USCIS so you can be put you on this wait list, but you will probably be on the waiting list for as long as 5 years or until your spouse becomes a U.S. citizen (at which time you automatically convert to being an immediate relative).

It is also not legal for you to live and stay in the United States, unless you happen to have a nonimmigrant visa that will last for all those years.

Edited August 8, 2013 by HollyGolightly

[kzielu 1,149]

If you are a foreign national in the United States and you are married to a U.S. lawful permanent resident, you are NOT immediately eligible to obtain permanent residence/green card. Only foreign nationals married to U.S. citizens are immediately eligible for permanent residence. As the spouse of a permanent resident, you are what's referred to as a "preference relative." Annual limits apply to the number of preference relatives who are allowed green cards each year, which means there are long waiting lists. Your spouse can start the process for you by filing a visa petition on Form I-130, issued by USCIS so you can be put you on this wait list, but you will probably be on the waiting list for as long as 5 years or until your spouse becomes a U.S. citizen (at which time you automatically convert to being an immediate relative).

It is also not legal for you to live and stay in the United States, unless you happen to have a nonimmigrant visa that will last for all those years.

It would be true what you had written up there but F2A category is current. Meaning they are immediately eligible to obtain permanent residence at least until Visa Bulletin changes for F2A category.

[HollyGolightly 72]

It would be true what you had written up there but F2A category is current. Meaning they are immediately eligible to obtain permanent residence at least until Visa Bulletin changes for F2A category.

Ah, my bad I was not aware of the latest visa bulletin regarding F2A category being current as of August 2013. Thanks for pointing that out. This is good news for OP then.