F1 visas married to permanent residence

Asked over 1 year ago - Long Beach, CA

If my brother (F1 visa) married with his girlfriend who has permanent green card not citizen yet, will his status change from F1 to us residence or have to stay F1 until his girlfriend become citizen?

Attorney answers (4)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    13

    Lawyers agree

    1

    Answered . Better to get married only after she becomes a US citizen.

    Please click the link at the very bottom for additional information.

    ---------
    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
    Board Certified Immigration Attorney (1986 - Present)
    Schedule a Legal Consultation - Telephonic or In-Person
    https://shusterman.com/intake-secure.html
    600 Wilshire Blvd., Suite 1550
    Los Angeles, CA 90017
    (213) 394-4554 x0
    Web: www.shusterman.com (English)
    www.inmigracion-abogado.com (Spanish)

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Wendy Renee Whitt

    Contributor Level 15

    3

    Lawyers agree

    1

    Answered . He will have to remain in F-1 status until his visa priority date becomes current based upon the petition filed by his wife. If she remains a green card holder, this will take 2-5 years. If she naturalizes during that time, he will be able to apply for immediate adjustment. He should maintain his F-1 status until his adjustment based upon marriage is granted.

  3. Haroen Calehr

    Pro

    Contributor Level 17

    3

    Lawyers agree

    1

    Answered . As the spouse of an LPR he is in a "Preference Category2A" which requires a waiting period of between 2-5 years and while he's waiting he must maintain status here and cannot reap any immediate immigration benefits from his LPR spouse. Once she naturalizes his status if elevated to that of an "Immediate Relative" with no annual statutory maximum immigrant visa number quota and he can then therefore file for his green card immediately. Its imperative he maintains his own independent F-1 or any other valid non=immigrant status at least until his wife becomes a naturalized citizen but better yet the entire time until she applies for his green card.

  4. Mark Albert Bissada

    Contributor Level 7

    Answered . He is not yet eligible for a green card, so if he plans to stay in the US, he needs to stay on some other status. The F-1 status is fine. Once his wife becomes a US citizen, or his priority date becomes current (whichever comes first), he will become immediately eligible for the green cad and can apply for adjustment of status by filing form I-485.

    My response to your question does not create an attorney-client relationship, nor is this information to be... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

31,236 answers this week

3,351 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

31,236 answers this week

3,351 attorneys answering