It will depend on when a visa number will become available.
This answer is not intended to substitute for legal advice provided by an attorney who has thoroughly reviewed the situation. No attorney-client relationship is intended by providing this answer.
It will depending on where you are from, but you can view the approximate wait times here: http://www.travel.state.gov/visa/bulletin/bulletin_5993.html. It will be faster when she becomes a US Citizen.
If you marry her now, you might be able to file for adjustment of status in August, And be able to remain legal in the US with a work permit, as well as travel document, until such time as your priority date will become current again, should any retrogression occur after your filing. You can fall out of student status and will not need to pay those inflated foreign students tuition fees anymore as soon as you file for AOS in August. After one year, you will be considered an in district resident in the state and can pay normal tuition like all other US citizens and residents.
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
If you remain in status and marry a green card holder, you could adjust status immediately (within 4 months in NJ). However, you question raises a concern. If she has a two year green card that means she either got the green card through marriage to a US citizen within the last two year or is the daughter of someone who did. If she got hers through marriage, there will be major issues with proving the validity of both marriages. If you fall out of status, you would not be able to adjust status through a green card holder. Strongly consider consulting with an immigration lawyer.
I would like to know how she got her green card as well as her immigration history in order to give you a reliable answer.
973-984-0800. Please be advised my answers to questions does not constitute legal advice and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.
You should consult with an immigration lawyer in order to determine what options are available to you. As the spouse of an LPR, you would likely have to wait for a visa number to become available even though they are current as of August 2013. The reason is that those priority dates are not expected to remain current for very long. If you have to wait for a visa number, you would have to be in valid status in order to remain in the country while you wait. Also, there would be problems if your anticipated spouse obtained her I-551 ("green card") through marriage. Speak to a lawyer to iron out these issues.
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