Can I adjust my status in the US after I marry a green card holder? 10 Answers as of August 17, 2011

Can I adjust my status in the US after I marry a green card holder?

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Baughman & Wang
Baughman & Wang | Justin X. Wang
No you cannot. It takes about 3-4 years for the visa number to become current and you cannot legally stay/live in the US to wait for the visa number.
Answer Applies to: California
Replied: 8/15/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
Not right away. That option exists when he or she becomes a US citizen. Your spouse files the first step and then when your date is current under the green card quota system, you are allowed to file.
Answer Applies to: California
Replied: 8/15/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
After you marry a green card holder he or she may file an I-130 petition for you which only gets you a place in line - this does not give you the legal right to remain here and it is important to continue to maintain status if you are in status now. You would be in the FB-2a category which is working on December 2008 cases for most countries (September 2008 for Mexican nationals). Once your spouse becomes a U.S. citizen or your Priority Date becomes current in the FB-2a category then you can adjust in the U.S potentially. If you are in status at the time you are eligible to file, then adjustment should be no problem. If you have failed to maintain status you should consult with an immigration lawyer to review your history and determine eligibility for adjustment, consular processing, eligibility for Sec. 245(i), waiver etc.
Answer Applies to: California
Replied: 8/15/2011
Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
As a permanent resident spouse, you will be family second preference. The wait time for that category varies between 2 and 4 years during which you may not be in the US illegally.
Answer Applies to: Nevada
Replied: 8/17/2011
Law Office of Jaclyn Miller
Law Office of Jaclyn Miller | Jaclyn Miller
There is about a 2 1/2 to 3 year wait in this category (spouse of greencard holder.) Maybe your spouse can file for US citizenship then you can file immediately.
Answer Applies to: New York
Replied: 8/15/2011
    Law Offices of Caro Kinsella
    Law Offices of Caro Kinsella | Caro Kinsella, Esq.
    No, not until your visa number is current.
    Answer Applies to: Florida
    Replied: 8/17/2011
    441 Legal Group, Inc.
    441 Legal Group, Inc. | Gareth H. Bullock
    Yes but it's going to take a while and if you don't maintain lawful status then you'll need to leave the US to adjust.
    Answer Applies to: Florida
    Replied: 8/15/2011
    Christian Schmidt, Attorney at Law
    Christian Schmidt, Attorney at Law | Christian Schmidt
    Only if you are legally in the country at the time an immigrant visa becomes available to you. This will take a number of years after your spouse filesa visa petitionon your behalf.You only can be out of status and adjust your status if your spouse is a U.S. citizen as long as you entered the country lawfully.
    Answer Applies to: California
    Replied: 8/15/2011
    Fong & Associates
    Fong & Associates | William D. Fong
    Not right away. There is about a 3 year wait for priority dates to be current. File the I-130 immediately to get a place in line.
    Answer Applies to: Texas
    Replied: 8/15/2011
    Montefalcon Law Offices
    Montefalcon Law Offices | Alberto G. Montefalcon, Jr.
    Getting a family based immigrant visa involves two processes. First, the Petition and then the Application. Application may be through Consular Filing or Adjustment of Status. Generally, if you are outside the US, your US Citizen spouse will file an I-130 Petition for Alien Relative with you as the beneficiary. Once your Petition has been approved, you will Apply for a visa at the US Consular Office of your home country. If however you are here in the US, and have entered legally, your spouse may, at any time, file the same I-130 Petition. At the same the Petition is filed, or while it is pending, or already approved, you may apply for an Adjustment of Status, provided a visa is readily available. As of this writing, there is a 3 year wait from the time the Petition is filed before a visa (F2A) will be available to spouses of Permanent Residents (green card holders). How this applies to you, is that, if the time line remains the same, you entered the US under some valid non-immigrant visa, and your spouse files an I-130 Petition for you now, you will have to wait for 3 years, before a visa may become available, then you may qualify to Adjust your Status to that of a Permanent Resident.
    Answer Applies to: California
    Replied: 8/15/2011
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