Marrying a Green card holder...

[nadin81]

Hello all,

I have a unique case.

I had applied for I-140 under EB1 category in August 2018. My estimate at the time of application was it will be either confirmed or rejected by Feb 2019. The US govt shutdown delayed the process/application further.



Nadine

[yvc]

From my understanding, you have to maintain your legal status if you are married to a GC holder. Otherwise, you are considered to be "Out of Status" if you don't keep your F1 status active. If you are married to a US citizen and file for green card application, that's so called "Adjustment of Status", which is considered legal and lawful. If you need further information, you should consult a lawyer.

[scientist2016]

Hello all,

I have a unique case.

I had applied for I-140 under EB1 category in August 2018. My estimate at the time of application was it will be either confirmed or rejected by Feb 2019. The US govt shutdown delayed the process/application further.

A few days back - March 12 - I got an email from immigration for an RFE. (I was hoping they will either approve/reject the application by March.)
My OPT is expiring (after two months grace period) April 30.)

My fiancee is a GC holder. He is saying lets marry asap and apply for a GC to make sure my status is OK in the country. (AFAIK I am legal in US until April 30.)

When I marry and apply, I believe I am applying for Adjustment of Status. Am I correct?

What advise has the esteemed members of this community has to offer?

Thanking you all in advance.

Nadine

There is a ~2yr. wait for spouse of GC holder category, so you cannot apply for AOS after your marriage. Also, at the end of 2yrs. you need to be in status to file for AOS in this category. Just marrying a GC holder does not confer any status.