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Posted

If a green card holder (Bob), who cannot apply for the citizenship yet, but will be able to do so within 2 years, marry someone (Marry) who is in the states as a student on the F1 visa or its extension, will Marry be able to apply for the green card through marriage, before Bob obtains his citizenship, and if so, how long would it take for Marry to obtain a status of a permanent resident?

Thanks a lot

Posted

Foe green cars holder spouse petition takes 2 years. During that time your spouse cannot have any kind of illegal presence- if f1 visa is close to expire during the process, the spouse needs to leave US and wait out the process in their country. 

 

If they can keep legal presence through the whole 2 year waiting time (or loger) then they can wait. But even 1 illegal day will result in petition denied. 

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

 
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