Adjustment from F-1 ? & I-130

[naomil 29]

Hi everyone I'm not sure if this the right section but I'm hoping a mod will move it if not. My cousin (F1 visa holder) and her fiancee (permanent resident on a 10 year green card) wants to get married and remain residing in the states. She's gainfully employed although her visa will be expiring May 2017 . As far as I know, they can go ahead get married, do the paperwork for the 1-130 and simply do an adjustment of status. I'm not sure what the time period is, but would she be out of status if it goes past her F1 expiry date? I'm not sure

Thanks everyone, I'm also recommending her to join this site, it has been good to me!

Edited July 22, 2016 by msleja

[newacct 688]

Spouse of permanent resident is in the F2A category which currently has a wait of around 1.5 years. They cannot file I-485 immediately; they have to wait until a visa number becomes available for their I-130 priority date before they can file I-485. If USCIS continues to use Chart A (final action dates) for AOS, the wait will be about 1.5 years and if I-130 is filed now, they still won't be able to file by mid-2017. If USCIS switches back to Chart B (date for filing) for AOS, the wait will be probably about 8-9 months and if I-130 is filed now, I-485 will probably be filable by mid-2017, assuming they don't switch back to Chart A by then.

Also, you talk about when her "visa" will "expire". But US visas are only for entry; when the visa expires is irrelevant when she is in the US. It's when her status ends that matters. For F1 students, they remain in F1 status as long as they are in good standing in school with a valid I-20, or on OPT, etc.

[naomil 29]

Hmmm, do you think they should seek the help of a lawyer? She's F1 currently on an OPT you're correct. So technically if they got married soon and filed for the 1-130, she would have to leave the US after her status is up with the F1 OPT ? Unless of course her employer does a work permit etc . until they can file for AOS ?

[JFH 12,189]

*~*~* moving from "CR-1 progress reports" to "adjustment of status from work, study and tourist visas" as OP is enquiring about adjustment from F-1 student visa.*~*~*

Edited July 22, 2016 by JFH

[naomil 29]

Thanks for the move!

[newacct 688]

Hmmm, do you think they should seek the help of a lawyer? She's F1 currently on an OPT you're correct. So technically if they got married soon and filed for the 1-130, she would have to leave the US after her status is up with the F1 OPT ? Unless of course her employer does a work permit etc . until they can file for AOS ?

There's nothing that a lawyer can do at this point. Her F1 status will end 60 days after she completes her OPT. She would have to leave and do Consular Processing if she can't file I-485 by that point, because F2A cannot do Adjustment of Status if they are out of status. If by work permit you mean someone applied for an H1b for her, and it was accepted (picked in the lottery), then yes, she would be in "cap gap" and remain in F1 status until H1b starts in October; so in that case, she would be able to remain and file I-485 when the time comes. Or, if she can transfer to another school, she also remains in status.