Legal Question in Immigration Law in Massachusetts

International Student

What is the procedure if an student with a student visa gets married to an american?


Asked on 4/21/09, 1:39 pm

6 Answers from Attorneys

Michael Cho Law Offices of Michael Cho

Re: International Student

A F-1 student married to a US citizen may proceed with the adjustment of status process and obtain his/her permanent residence.

You may find comprehensive information here:

http://www.msclaw.com/Green_Card_for_Spouse.html

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Answered on 4/21/09, 1:41 pm
Patrick Klauss Berd & Klauss, PLLC

Re: International Student

As long as their are no grounds of inadmissibility, the U.S. citizen spouse can sponsor the student for an adjustment of status applicaiton with USCIS.

It is advisbale to consult with an attorney to address any issues prior to filing.

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Answered on 4/21/09, 2:23 pm
Melina Merino Attorney Melina Merino

Re: International Student

The US citizen spouse would have to file a petition on his/her spouse's behalf. The spouse would be eligible to file for your adjustment of status at the same time, without having to leave the USA, since there was a legal entry.

There are other requirements that must be met. You should consult with an experienced immigration attorney who can explain the process in more detail. Feel free to contact us if you would like to schedule a consultation to discuss further. We offer free initial consultations to Law Guru users and we are also in the MA area. Good luck!

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Answered on 4/21/09, 5:38 pm
Anthony Siliato Meyner and Landis LLP

Re: International Student

A foreign national in F-1 classificaiton is eligible to adjust status to that of a U.S. pemanent resident.

We strongly recommend that you consult with experienced immigration counsel to represent you and your spouse in this process.

The information contained herein is intended only for educational or informational purposes and is not a substitute for legal advice.

Responding to this inquiry in no way establishes an attorney client relationship; however, I look forward to exploring these issues with you further by way of telephone or in-person consultation.

Anthony F. Siliato, Esq.

MEYNER AND LANDIS LLP

One Gateway Center

Newark, New Jersey 07102

[email protected]

www.meyner.com

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Answered on 4/21/09, 5:51 pm
Daniel Hanlon Hanlon Law Group, P.C.

Re: International Student

Dear Inquirer:

If the F-1 student is in the US at the time of the marriage, most commonly he would file for "adjustment of status" to green card based on the concurrently filed immigrant visa petition from the US Citizen spouse. he would issued a work permit in approximately 90 days and then the couple would be interviewed for the green card in approximately 6-8 months.

Regards,

Daniel P. Hanlon, Esq.

www.hanlonlawgroup.com

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Answered on 4/21/09, 8:10 pm
Marc Seguinot Seguinot & Associates, P.C.

Re: International Student

If you are talking about "the procedure" to change status from student to lawful permanent resident through a citizen spouse, your spouse must file an I-130 petition on your behalf; simultaneously, the beneficiary (non-citizen) will file an I-485 application to adjust status to lawful permanent residence, and an I-765 for employment authorization. Once these are filed, the beneficiary will receive a notice to obtain fingerprints. An employment authorization card is granted within approximately months, and an interview is granted sometime afterwards; the time is hard to say b/c it will depend what area of the country you are in. Now, if you are talking about some other procedure, then you should be more specific. Good Luck!

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Answered on 4/21/09, 8:44 pm


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