Marriage to the Green card holder while staying in USA

[malini123]

Hello,

I have been dating one guy here for the last 6 months. He is a permanent resident of the USA ( A Green Card holder) . I know that once I get married my
VAWA ( Violence Against Women's Act - Form I-360 ) application is going to be canceled.

As per my reading, I can file only I-130 after marrying the Green Card holder and can not file I-130 and I-485 together. It takes 6 to 8 months to get approval for I-130 and then I can file I-485 adjustment of status.

I read that "It will not be legal for the immigrant to live in the United States while waiting for the priority date to become "current" unless the person happens to have a nonimmigrant visa or other status that makes the stay permissible"

How can I maintain a legal status while I-130 is being processed or get approved ?

Thank you.

[rkk09]

Hi,
With the help of filing I-130 petition, you can not stay in the USA. If you file I-485 and it is pending then you can stay in the USA. In your case, If you are going to file I-130 alone then until you file I-485, you will need to maintain status. So, Please make sure.
You can consider filing change of status during these period.
Thanks

[newacct]

Since the F2A category is current, you CAN file I-130 and I-485 together. But in this category you need to be in status at the time the I-485 is filed. What is your status?

[malini123]

Currently I am under valid status. But by the time we marry, may be it takes another 2 months. Still this F2A category is going to be current even after 2 months from now ?

[newacct]

F2A has been current for the past 2 years. I can't predict how it will be in the future.

[malini123]

oh ok thank you so much for the reply

[malini123]

Sir, if suppose I marry a green card holder now , as the date is current now.. how much time it will take to come greencard or EAD ?

[newacct]

Sir, if suppose I marry a green card holder now , as the date is current now.. how much time it will take to come greencard or EAD ?

It's hard to predict. But as long as you file I-485 before your status expires, you can stay in the US for as long as I-485 is pending.

[Remiki1993]

It's hard to predict. But as long as you file I-485 before your status expires, you can stay in the US for as long as I-485 is pending.

Is there any law or official document that says after filling i-485 (F1 visa still active), suppose of GC holder can stay in USA even if f1 visa expires and wait till final decision over I-485?