When can I expect to get a green card after marrying a green card holder? 6 Answers as of December 19, 2010

I am an international student with an F1 Visa. My boyfriend came in this country with a green card and we would like to get married. When can I expect to get my green card? What status would I have while the document is being filed? Can I travel out of the country after I filed for the document? Can I have a work permit?

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
Your boyfriend can apply for you, once you're married, and get an approved I-130 petition for alien relative. However, that only puts you on a waiting list, called a second level preference (2A). The waiting list has been for a few months, but has over the last month retrogressedbeen moved back to 3 years. It could move back next month, but it is necessary for you to look at retaining your F-1 as long as possible, and moving forward with your initial petition, once your boyfriend marries you. If you want further help, by all means call or e-mail me to schedule an in-person or telephone consultation. Best to you and Merry Christmas.
Answer Applies to: California
Replied: 12/19/2010
JCS Immigration & Visa Law Office
JCS Immigration & Visa Law Office | Jack C. Sung
It will take roughly 10-12 months based on marriage to a green card holder. You must maintain status such as student, or tourist during the time your applications are pending. If you fall out of status, you will be required to interview in your home country and cannot get the green card within the United States. You will have a travel permit in about 6 months after applications are filed. Your work permit will come between 6-8 months.

My office routinely files these types of cases. If you are interested in proceeding, please give us a call.
Answer Applies to: California
Replied: 12/3/2010
Marie Michaud Attorney At Law
Marie Michaud Attorney At Law | Marie Michaud
Maybe your boyfriend can get naturalized? It takes about 3 months for the naturalization interview, then about 2 more for the oath ceremony. Then you get married, file a combine Adjustment / Petition for family relative: It takes about 3 months from the time of filing. Always best to wait to have your green card before traveling. (You could be OK to travel before, but without checking your documents such as I-20 and asking more questions, it is difficult to say). Good luck.
Answer Applies to: California
Replied: 11/29/2010
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
First of all, you have to present your case to prove that your relationship is in good faith. Secondly, the length of wait time depends on what service center you filed; generally speaking, you can expect to get green card between 2 to 3 years; applying for green card does not give you a legal status, so you have to keep you F1 valid during the wait;
You can file work permit while applying for green card. You can also apply for travel document in order to travel.

It is my advice that you retain a lawyer to file for you because your real risk is prove your relationship.

Feel free to contact me for one time free consultation.
Answer Applies to: Florida
Replied: 11/29/2010
441 Legal Group, Inc.
441 Legal Group, Inc. | Gareth H. Bullock
If you are in still in lawful status it should take about 7-8 months. Once the I 130 is approved you can file the adjustment which will get you the work permit. However, you have to still be in lawful status for this to happen. If not you would have to wait until your boyfriend becomes a citizen.
Answer Applies to: Florida
Replied: 11/29/2010
    Law Offices of Svetlana Boukhny
    Law Offices of Svetlana Boukhny | Svetlana Boukhny
    You will not get any immigration benefits from marrying a green card holder. You will need to maintain your own status until a visa number either becomes available (could be a year or so) or he becomes a US citizen and upgrades your petition to that of an immediate relative.

    Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
    Answer Applies to: California
    Replied: 11/29/2010
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