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  • Ajust status after getting married to a Green Card Holder

    Good morning,
    I have a work permit here in the US since 2016, and I got married here in the US. My wife is a green card holder and she came last year 2017.
    Should I request a change of status or is it too early? I heard from people that I should wait 6 months after marriage( March 2018).

    Am I eligible to become a green card holder or not yet?
    What do you guys know about this situation?

    I appreciate your help.

  • #2
    6 mths wait not significant

    Originally posted by rocks860 View Post
    Good morning,
    I have a work permit here in the US since 2016, and I got married here in the US. My wife is a green card holder and she came last year 2017.
    Should I request a change of status or is it too early? I heard from people that I should wait 6 months after marriage( March 2018).

    Am I eligible to become a green card holder or not yet?
    What do you guys know about this situation?

    I appreciate your help.
    Hello

    That's a reasonable advice. However, I got married June 28, 2017 and sent in AOS application on July 18, 2017. I had absolutely no problem. I got approved without hesitation. So go ahead and adjust your status. You would want to do it before immigration laws get more complicated. Save all evidence of relationship from as far back a date as you can find.

    All the best.
    7. 18. 2017: I130, I131, I485, I864, I765 - Chicago Lockbox: 8. 15. 2017: Biom-Kendall, Florida
    10. 5. 2017: EAD received: 6. 21. 2018: 7. 5. 2018: Interview I797C notice rec’d
    7. 31. 2018: Interview-Kendall, Florida: 7. 31. 2018: Interview success: Imm. I485 approval: 8. 1. 2018: I130 approved
    8. 3. 2018: Card is mailed to me (1485): 8. 8. 2018: 2-yr GC in hand: 6. 6. 2020: ROC: 9. 23. 2020: 10-yr Green Card
    5. 6. 2021: Appl. for Nat.: 8. 16. 2021: Nat. Interview 10. 1. 2021: Oath Cer. Mailed

    Comment


    • #3
      Originally posted by rocks860 View Post
      Good morning,
      I have a work permit here in the US since 2016, and I got married here in the US. My wife is a green card holder and she came last year 2017.
      Should I request a change of status or is it too early? I heard from people that I should wait 6 months after marriage( March 2018).

      Am I eligible to become a green card holder or not yet?
      What do you guys know about this situation?

      I appreciate your help.
      No, you don't need to wait a single day. It's normal for people petition right after marriage. Why wouldn't you want to live with your spouse ASAP?

      I'm assuming that you got married after your wife became a permanent resident?

      Your wife can petition (I-130) you, and should ASAP, but as the spouse of a permanent resident, you are in the F2A category, which has a wait for visa numbers. This means you cannot apply for Adjustment of Status (I-485) until a month when this chart says your priority date can file for F2A. (The priority date is when the I-130 was filed.) The time from when I-130 was filed until you can file I-485 can be as short as 8 months or as long as 2 years. If your status ends before you can file I-485, you must leave the US and do Consular Processing for an immigrant visa abroad. If you become eligible to file I-485 and file it before your status ends, you can stay in the US for as long as it is pending.

      This is my personal opinion and is not to be construed as legal advice.

      Comment


      • #4
        Originally posted by Hotaru-Grace View Post
        Hello

        That's a reasonable advice. However, I got married June 28, 2017 and sent in AOS application on July 18, 2017. I had absolutely no problem. I got approved without hesitation. So go ahead and adjust your status. You would want to do it before immigration laws get more complicated. Save all evidence of relationship from as far back a date as you can find.

        All the best.
        Thank you for your reply. Was your spouse a green card holder or a citizen? What form did you have to submit?

        - - - Updated - - -

        Originally posted by newacct View Post
        No, you don't need to wait a single day. It's normal for people petition right after marriage. Why wouldn't you want to live with your spouse ASAP?

        I'm assuming that you got married after your wife became a permanent resident?

        Your wife can petition (I-130) you, and should ASAP, but as the spouse of a permanent resident, you are in the F2A category, which has a wait for visa numbers. This means you cannot apply for Adjustment of Status (I-485) until a month when this chart says your priority date can file for F2A. (The priority date is when the I-130 was filed.) The time from when I-130 was filed until you can file I-485 can be as short as 8 months or as long as 2 years. If your status ends before you can file I-485, you must leave the US and do Consular Processing for an immigrant visa abroad. If you become eligible to file I-485 and file it before your status ends, you can stay in the US for as long as it is pending.
        I knew her before we both moved to the US. I came first as a tourist then I got a work permit. A year later she came with a green card, and then we got married.
        I am just afraid if I will be rejected and deported or have me go back to my country then refuse entrance.

        Thank you for the reply

        Comment


        • #5
          Citizen vs Green Card

          Originally posted by rocks860 View Post
          Thank you for your reply. Was your spouse a green card holder or a citizen? What form did you have to submit?
          Hello

          You're welcome. My husband is a UScitizen. We filed I130, I485, I864, I 765, G325, G1145.

          All the best.
          7. 18. 2017: I130, I131, I485, I864, I765 - Chicago Lockbox: 8. 15. 2017: Biom-Kendall, Florida
          10. 5. 2017: EAD received: 6. 21. 2018: 7. 5. 2018: Interview I797C notice rec’d
          7. 31. 2018: Interview-Kendall, Florida: 7. 31. 2018: Interview success: Imm. I485 approval: 8. 1. 2018: I130 approved
          8. 3. 2018: Card is mailed to me (1485): 8. 8. 2018: 2-yr GC in hand: 6. 6. 2020: ROC: 9. 23. 2020: 10-yr Green Card
          5. 6. 2021: Appl. for Nat.: 8. 16. 2021: Nat. Interview 10. 1. 2021: Oath Cer. Mailed

          Comment


          • #6
            If you've been admitted and paroled you should not have any issues. You came as a visitor and got a stamp right? If so then move forward with your life.
            Marriage based AOS concurre
            Feb 2017 - Date received
            Feb 2017 - RFE received
            March 2017 - Biometrics completed
            April 2017 - RFE response received case no longer on hold
            April 2017 - Case is being scheduled for interview
            May 2017 - AP/EAD received:
            March 2018 - AP/EAD forms sent for renewal
            Sept 2018 - AOS interview scheduled.
            Oct 2018 - AOS interview
            Nov 2018 - Green card in hand

            Comment


            • #7
              Originally posted by Hotaru-Grace View Post
              Hello

              You're welcome. My husband is a UScitizen. We filed I130, I485, I864, I 765, G325, G1145.

              All the best.
              Thanks again, but I think marrying a US citizen is different from marrying a Green Card Holder. At least the process is faster if the spouse is a US Citizen.

              Comment

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