How long does it take to transfer from an F1 visa to a permanent resident? 9 Answers as of July 20, 2011

I am on F1 visa right now and my fiance is a permanent resident . We'll are getting married in couple of months. Would like to know how long does it take to transfer from F1 visa to Permanent Resident?

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Pauly P.A.
Pauly P.A. | Clemens W. Pauly
Marrying a permanent resident will not give you permanent resident status right away. While your future wife can file the I-130 petition after your marriage, you cannot adjust status from F-1 to "green card" until the so-called priority date on that I-130 petition is earlier than the "cut-off" date which you find published monthly in the US State Department Visa Bulletin. In your immigrant category, the August 2011 Visa Bulletin currently shows a cut-off date of July 22, 2008 (or June 1, 2008 for Mexican nationals). That means that in the month of August, only those immigrants can file their adjustment of status application whose I-130 petition was filed before July 22, 2008/June 1, 2008 respectively. You need to look at the Visa Bulletin every month (at www.travel.state.gov/visa/bulletin/) since those dates change every month. In the meantime you need to either keep your F-1 status current, or change your F-1 to another visa category, if you want to remain in the US and wait for your immigrant category (F1A) to become current. Please consult with an immigration lawyer concerning this process. Good luck.
Answer Applies to: Florida
Replied: 7/20/2011
Fong & Associates
Fong & Associates | William D. Fong
It will take quite a while, and you will not have authorization to stay in the US while you are waiting. After you get married, you will be a family-based second preference (FB-2A) relative. The priority date is backlogged to July 2008, so it may be 3-4 years before visas are available for you to apply for your green card. It will be unlikely for you to get an F-1 extension as you will be married to a US permanent resident. This means you will need to find another nonimmigrant status for the next few years or leave the US. After your priority date is current, the process takes only about 6 months at the current processing times.
Answer Applies to: Texas
Replied: 7/20/2011
Verdin Law Firm, LLC
Verdin Law Firm, LLC | Isaul Verdin
Your spouse needs to become a US naturalized citizen to speed up the process. If your spouse does not naturalize, then you need to maintain your F1 status.
Answer Applies to: Texas
Replied: 7/20/2011
Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
You will have to continue with your student visa until she becomes a USC or if she files a petition as permanent resident, until priority date becomes current. Remember, F-1 is for people that have the intention to go back to their home country.
Answer Applies to: Nevada
Replied: 7/20/2011
The Law Offices Jonathan D Montag
The Law Offices Jonathan D Montag | Jonathan D Montag
Dear Sir or Madame: I can respond to your question in general terms. Do not construe this response as legal advice as I would have to meet with you and learn a lot more facts about your case to see if the general principles in my answer apply to your specific case or if facts in your case make the general principle inapplicable. Generally speaking: USCIS posts the processing times for the adjudication of benefits on its website www.uscis.gov. Look for the link to processing times. Adjudication of an adjustment of status application seems to take six months or less throughout the United States. The time it takes where you live is discernable through the website. I cannot schedule an appointment through email. Please call me to schedule an appointment.
Answer Applies to: California
Replied: 7/20/2011
    Christian Schmidt, Attorney at Law
    Christian Schmidt, Attorney at Law | Christian Schmidt
    That depends on where you live. It generally takes 3 to 4 months after you filed.
    Answer Applies to: California
    Replied: 7/20/2011
    World Esquire Law Firm
    World Esquire Law Firm | Aime Katambwe
    You will have to wait until your visa category becomes available. You will be in the F2A category. So look in the visa bulletin put out by the Dpt of State and you will be edified. It will be some time. If your fianc were to become a USC, then I would easily say 6 to 9 months perhaps a lot sooner.
    Answer Applies to: California
    Replied: 7/20/2011
    Clifford Togo Sakata
    Clifford Togo Sakata | Clifford Togo Sakata
    Hi, This depends on what country you are from. If you are not from China, Philippines, India, or Mexico, it can take 3 years. You will have to continue staying in F-1 status in the meantime or change to a different status. If your fianc is eligible to naturalize, you may be able to get your permanent residence sooner.
    Answer Applies to: California
    Replied: 7/20/2011
    Law Offices of Caro Kinsella
    Law Offices of Caro Kinsella | Caro Kinsella, Esq.
    If your Fiance is an lpr then it will take 3/4 years before your visa number is current. Your Fiance would need to be a U.S. Citizen for you to be considered an immediate relative one you marry.
    Answer Applies to: Florida
    Replied: 7/20/2011
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