marrying a permanent resident

[adeelsid]

My sister married a US permanent resident. Can he apply for her change of status or does he have to become a citizen first in order to apply?

[marcovida77]

marrying a permanent resident

Well it will take longer to get it done as he is right now. But once he is a us citizen then it's a lot faster. How long has he been a perm?

[adeelsid]

She is on an F1 visa which expires soon. Does she need to become a student again or can he apply for her?

[rayb]

Petitions for spouses of Permanent Residents now have a shorter waiting period for Priority Date processing. The visa class is F2A and priority dates preceding 9/8/2013 are now reachable.

Until fairly recently, average waiting time was about 2 years,

--Ray B

Well it will take longer to get it done as he is right now. But once he is a us citizen then it's a lot faster. How long has he been a perm?

[adeelsid]

marrying a permanent resident

Can she stay in the country while her petition is pending and her F1 has expired?

[rayb]

Can she stay in the country while her petition is pending and her F1 has expired?

That would make he a visa overstay. If her petitioner was a U.S. citizen, she would enter a "protected status" while her Adjustment status was being processed. But whether her husband is a U.S. citizen and she thus gains "immediate priority" status, or if the husband is a Green Card petitioner, the beneficiary is still a visa overstay and subject to a greater amount of attention by the reviewer during the interview.

--Ray B