[spunch]

Hello,

My boyfriend is F1 visa.
I am green card holder for 1 year.
We will get marry soon.
What process that should be done? How long does it take?

Thanks,
SP

[DCcityboy]

After you get married, the case is a FB-2A as the spouse of an LPR. There is a current wait time for visa availability of approximately five (5) years depending on nationality.

He will need to maintain his F-1 status or change to another NIV, as your filing will not keep him in status or get him an EAD while he is waiting for the visa date to come current.

You start by getting married and filing the relative petition (I-130). This is his place in line, called a priority date. Then you wait until the visas are current for FB-2A, check the DOS visa bulletin at http://travel.state.gov/visa/frvi/bu...in_4497.htmlit updated monthly. When his priority date is current, he files the adjustment of status application (green card).

You may be able to speed up the process a bit by naturalizing as a USC. You are eligible (if you didn't get PR as a spouse of a USC) for citizenship after you have been an LPR for 4 years, 9 months. It is now taking only about 4-5 months for citizenship.

After you are sworn in, your husband is the spouse of a USC, and there is no wait for visas, he files the I-485 AOS with an upgrade request for your previously filed I-130, if it hasn't already been approved.

Please note that after you get married, he will not get an F-1 visa issued again at the US consulate, as the F-1 specifically disallows dual intent. Marriage to a LPR or USC is clear indication of immigrant intent

Consult with an experienced immigration attorney as the timing is the most imoportant aspect of your case.

[buongmoon]

Hi,

I am currently holding an F1 status, under OPT, it will expire this August. I have an approved I-130 under my father's petition but still waiting for the priority date to become current (approx. 10 years more). I have a boyfriend who is a LPR and in the process of getting his case expunged so he can apply for USC. I am pregnant, and my due date is September. My questions are:

1. Can we get married even if he is only an LPR?
2. Can I adjust my status after we get married? I don't think the time is enough for him to become a USC before my OPT expires.
3. What is the best way to handle the situation?
Thanks.

[lawanwadee]

If you are talking about how to handle this matter without attorney, the best choice would be get married in US, then you leave and wait for visa number in your country. If he becomes naturalized then upgrade the case... it will be faster than 5 years.