Legal Question in Immigration Law in Florida

Re: F-1 married to permanent resident

You cannot file the I-130 and I-485 together, if you are marrying a permanent resident (PR). If your spouse was a US citizen, you could do this. At the moment, your souse would file the I-130 and then you would need to wait to file the 485.

You are in a tricky position as an F-1 holder married to a PR. F-1 holders are supposed to have nonimmigrant intent, i.e. they are supposed to intend to return to their home country at the end of your studies. Obviously, you intend the opposite, i.e. to stay here. Once your spouse files the I-130, it might be difficult for you to travel and return to the US. If questioned by an immigration officer on re-entry, you would need to be honest. If the officer foind out that you were married to a PR and had started the PR process for yourself, you might not be re-admitted in F-1 status.

I recommend speaking with an immigration attorney about your options.

Re: F-1 married to permanent resident

No, you cannot file the I-130 and I-485 concurrently. Your LPR spouse can only file I-130 petition. There will be a several years long wait involved until your priority date is current and you are eligible for a green card.

Re: F-1 married to permanent resident

Dear Inquirer:

You cannot file an I-485 until your I-130 priority date is current, which under the second preference (spouse of a green card holder) would take approximately five years. Your spouse may file an I-130 visa petition only for you at this point, which could negatively affect your eligibilty to extend your F-1 status in the future, since an F-1 student cannot be an "intending immigrant."

I recommend that you email [email protected] or visit www.hanlonlawgroup.com if you would like to schedule a confidential consultation to discuss this matter further.