currently on student visa and married to the green card holder

[NEHA2340 0]

I am currently on student visa and just married to the green card holder settled in USA from last 9 years.

my spouse is well settled here , owning a house and well settled job.

Do I need to go back to my country to apply for my green card or my spouse can apply for my petition while I am here in USA on my student visa.

I am currently studying as my plan to finish the Masters.

 

 

Edited March 1, 2017 by NEHA2340

[nightingalejules 678]

A quick Google search suggests that your Green Card holder spouse should be able to apply for adjustment of status for you, as long as you remain in the US. If you need to leave the US during the process, make sure you have also applied for and received Advance Parole, or you risk losing your legal status. You can apply for AOS, AP and Employment Authorization at the same time.

[milimelo 4,563]

3 hours ago, nightingalejules said:

A quick Google search suggests that your Green Card holder spouse should be able to apply for adjustment of status for you, as long as you remain in the US. If you need to leave the US during the process, make sure you have also applied for and received Advance Parole, or you risk losing your legal status. You can apply for AOS, AP and Employment Authorization at the same time.

This is incorrect. OP can only AOS if her PD is current. If she finishes school early she cannot overstay and has to go back to her home country to await her visa processing- overstay is NOT forgiven for Spouses of LPRs. 

[NEHA2340 0]

Once my spouse will file the petition, should I will be able to in and out from USA

[milimelo 4,563]

If you have a current visa (tourist or student) yes. 

[NEHA2340 0]

Also I am a British passport holder so it will give any benefit or the process will be same and timeline will be also same as of 2 to 3 years to get my green card once my spouse will file petition.
My spouse is green card holder

[nightingalejules 678]

8 hours ago, milimelo said:

This is incorrect. OP can only AOS if her PD is current. If she finishes school early she cannot overstay and has to go back to her home country to await her visa processing- overstay is NOT forgiven for Spouses of LPRs. 

Of course you're right. Sorry - OP mentioned that she was planning to continue her education (and presumably her student visa) with a Masters' Program so I assumed she'd be legally in the US until PD is current. Should have been more clear - thanks for the correction!

[KierenHby 899]

LPR spouse AOSing needs to meet two conditions 1.PD current, AND 2.in legal status in the US. Else await consular processing in UK. 

[NEHA2340 0]

Please clear with all the above , what I have understood, once my master will be finish than have to go back to UK and wait their until my PD will be current .
At this moment almost 1 and half year to complete my master on my student

[nightingalejules 678]

4 hours ago, NEHA2340 said:

Please clear with all the above , what I have understood, once my master will be finish than have to go back to UK and wait their until my PD will be current .
At this moment almost 1 and half year to complete my master on my student

As I understand it: the first step is your husband filing an I-130 petition as soon as possible. 

After you've sent that in, you will receive a Notice of Action (NOA) that has your Priority Date (PD) on it.

Then you keep an eye on the priority date for the F2A Visa. (For example, right now your priority date would be current if your husband had filed your AOS on or before Nov 22 2015.)

So if you file soon, your priority date will probably be current before you're done your Masters' Program. 

If the PD becomes current before your student visa expires, stay in the US and file the rest of the Adjustment of Status paperwork.

If not, you have to return home to wait, then your husband files the rest of the paperwork for your visa, while you are out of the country.

Once the visa is approved, you come back to the US.

Either way, the sooner you file the I-130, the sooner your PD will be current, and the shorter (if any) amount of time you need to be separated.

 

Edited March 2, 2017 by nightingalejules

[NEHA2340 0]

Thank you so much for the detail response all quite clear now.
Just one more question,during the whole process , with my student i can travel in and out from USA , do I need to do some formalities?

[NEHA2340 0]

HI, can anyone clarify this for me since my spouse is going to file my I-130 petition.

There are two two dates on the visa bulletin which have been confusing me which are 

 

FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES  and 

 

DATES FOR FILING FAMILY-SPONSORED VISA APPLICATIONS.

 

I want to understand what is the difference between the two categories since both are falling under the family sponsored visa preferences category but have a different priority date for the F2A visa.

 

Here's the link for your reference. 

 

https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2017/visa-bulletin-for-april-2017.html