How long will it take to adjust the BS visa status after getting married to a green card holder in the United States? 4 Answers as of March 31, 2011

My girlfriend is originally from Iraq and she got her green card before two weeks ago based on asylum when she entered the US since 1 and a half year ago. I am originally from Jordan and I entered the U.S yesterday on a B2 visa and they gave me 6 months entry to U.S, I am now in the US and we want to marry during this week. I have several questions and I need answers for it if you wouldn’t mind. Can I adjust my visa status during my stay in the US after we get married or I should to leave to my origin country Jordan after my 6 months entry expired? How long will the process take to adjust my visa status if I get married from a recent green card holder? Is it a must to leave the U.S after getting married from a recent green card holder and waiting the counseling processing in my origin country or I can stay in the U.S ? . Please anyone can give me specific answers to my questions above; because I heard that it will take years waiting the counseling processing in my origin country to join my wife in the U.S if she is a green card holder. Thank you in advance for answering these critical questions.

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
You do not qualify as an asylee derivative. Once she gets her permanent residency and you are married she can file the first stage of permanent residency for you (I-130) to get you in place in line but it is difficult to predict how long until your final stage green card process can be completed. Currently this FB-2a category is working on January 1, 2008 but just a couple of months ago they were working on August 2010 so this changes all the time. Monthly the Department of State publishes a Bulletin as to what month they are working on:

Filing the I-130 does not allow you to remain here legally. I would suggest before you do this you consult on other nonimmigrant options for you that might allow you to remain in the U.S. while awaiting a current Priority Date. I am also concerned if you marry within days of coming on a B-2 that it will be looked at as pre-planned. When you enter on a B-2 you are supposed to intend to return to Iraq not to remain here and get married. If you would like a consultation on your immigration issues (We do charge for our time but this charge would then be credited toward the fees for your case) , contact me as indicated below to arrange this and we can go over fees, procedures and timing and evaluate what you might be eligible for.
Answer Applies to: California
Replied: 2/3/2011
Law Office of Donna Nanan, PL
Law Office of Donna Nanan, PL | Donna Nanan
Your girlfriend is a lawful permanent resident so you could get married and adjust status to lawful permanent resident status. The timeline depends on how many visas are available and whether the cap has been reached for a particular year.
Answer Applies to: Florida
Replied: 3/31/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
It generally take two years for your petition to be approved if it is approvable. However it takes time to prepare an approvable petition. You are in a risky situation if you over stay your visa. So talk to a lawyer to assure the petition package is prepared pervasively. Good luck!
Answer Applies to: Florida
Replied: 1/27/2011
Calderón Seguin PLC
Calderón Seguin PLC | Ofelia L. Calderon
I don't see how you could adjust your status during your 6 month stay as your girlfriend is a green card holder and not a US citizen. The wait time for this is 3 years according to the U.S. Department of State. You can get married. She can file a petition on your behalf, but you won't be eligible to take the next step until the priority date is current. According to the current bulletin, that is 3 years down the line. It is possible that those dates will change over the next few months, but I cannot speculate as to whether the change will be significant enough to affect your case. Based on the facts as they stand today, I don't see any other lawful option but returning to Jordan within 6 months.
Answer Applies to: Virginia
Replied: 1/27/2011
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