Legal Question in Immigration Law in New Jersey

green card through marriage

I'm currently a student on a F1 visa(valid till 2004) getting married to a green card holder.After marriage can i change to permanent residency? How long will that take and is it necessary that i remain in any valid visa(independently) during the change of status processing? Is filing Form I-485 the right way to go?


Asked on 6/26/03, 6:56 pm

2 Answers from Attorneys

Sameer Kumar Law Offices of Sameer Kumar, P.C.

Re: green card through marriage

Getting married to a Green Card holder does not qualify as an immediate relative for immigration purposes. In order to remain in the U.S. it appears as if you will independently need to maintain status until your visa number is available. However, each situation must be evaluated for it's merits and should be strategically planned. You may have several options. Feel free to contact my office at (732) 985-1310 to set up an appointment.

Sincerely,

Sameer Kumar

Read more
Answered on 6/27/03, 9:43 am
Deborah Frankel Deborah Frankel

Re: green card through marriage

Yes, after marriage you can change to permanent residency.

The process could take up to 5 years if she remains a green card holder. Once she becomes a U.S. citizen, it becomes a much quicker case.

It is necessary to remain in an independent valid visa during the change of status processing, until she becomes a U.S. citizen.

You need to file a Form I-485, but you cannot file that until your turn is reached on the second preference (husband of permanent resident), or if she becomes a U.S. citizen.

Check out my website, and let me know if I can of further assistance.

http://www.3dsight.com/law-office/

Read more
Answered on 6/29/03, 4:58 am


Related Questions & Answers

More Immigration Law questions and answers in New Jersey