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How long does it take on average to adjust status, through marriage, from F1 to permanent residence?

Washington, DC |

My fiance got into the country on J1 visa but converted to F1 which is now expired. She is currently on OPT which ends on Jan 31st and we have a wedding planned for 3rd week of August and plan to travel outside of the country last week of December. Is there enough time to adjust her status so that we can travel together? How long does it take on average to adjust her status so we can travel outside the country?

Attorney Answers 2

Posted

As long as your fiance entered legally and you are a citizen, you should be able to adjust (Assuming no other issues - the question, as you note, is timing.

A marriage-based green card case normally takes five-six months from filing, though there is variation depending on where you are processing. So, cutting a bit close to actually get the green card by end of December assuming you file after the last week of August.

However, when you file for a green card you can also file for Employment Authorization and a Travel Document, which take about three months from filing to come through. These should be there in time to travel end of December (traveling without them abandons the adjustment case, and she won't be able to reenter on the unexpired F-1.once married and having filed the green card).

Speak to a lawyer for further guidance on your case; certain things, such as the prior J-1, should be fully evaluated.

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Posted

I agree with the above answer.

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This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. You should rely only on the advice given to you during a personal consultation, telephonic or in-person, by an attorney experienced in immigration law. In the event that you have follow up questions, please post them directly on this site. This does not create an attorney-client relationship and the attorney does not read unsolicited emails. Thank You.

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