Is a student a permanent resident?

Change from Student to Permanent Resident status via marriage to US citizen

• What are the procedures to get a permanent resident/citizen status for my wife, who is in USA under student VISA. I am a US citizen and we got married last month. To be speciffic, What forms would I need to fill out and what is the time-frame for the whole procedure?

• Answer:

  Howdy stealer-ga, First, a reminder of the: "Important Disclaimer: Answers and comments provided on Google Answers are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice." To view the following document(s), you will need the Adobe Acrobat Reader. If you do not have it, you can download it free from the Adobe website. http://www.adobe.com/products/acrobat/readstep2.html What you need to do boils down to essentially a two step process, the first step with several steps in itself. I will briefly outline the steps with links to their details. The first step you need to do, a status adjustment for your wife, is detailed on the United States Citizenship and Immigration (USCIS) web site. The USCIS is what used to be known as the INS, and then the BCIS. http://uscis.gov/graphics/formsfee/forms/i-485.htm#fba Make sure you carefully read the page above, and all of the documents below. You can download all the following forms in one package in PDF form here: http://uscis.gov/graphics/formsfee/forms/files/i-485pk1.pdf "If you are the immediate relative (spouse, parent or unmarried child under 21 years old) of a U.S. citizen, submit the following forms:" - I-485, Application to Register Permanent Residence or to Adjust Status Current filing fee: $255 This above is the main form which requests your wife's status be adjusted to one of "conditional resident," as she has been your wife less than 2 years. - G-325A, Biographic Information No current filing fee. http://uscis.gov/graphics/formsfee/forms/g-325a.htm The above is all of the background (birthplace, etc.) on your wife. Filed at the same time as the I-485. - I-130, Petition for Alien Relative Current filing fee: $130 http://uscis.gov/graphics/formsfee/forms/i-130.htm The above form is filed by yourself and used to establish your relationship (spouse) with your wife. Filed at the same time as the I-485. - I-864, Affidavit of Support No current filing fee. http://uscis.gov/graphics/formsfee/forms/i-864.htm Filed at the same time as the I-485 to establish that your wife has the financial support to be here. - I-693, Medical Examination of Aliens Seeking Adjustment of Status No current filing fee. http://uscis.gov/graphics/formsfee/forms/i-693.htm Straight forward medical exam to make sure there are no health issues, and should be done right before you do all of the other filing. You may need to know the specifications for photographs used by USCIS. They are different than passport photos. http://uscis.gov/graphics/lawsregs/handbook/m-378.pdf Once the above is all filed, the wait for adjustment could take some time. From the Bernard P. Wolfsdorf VISALAW web site. http://www.wolfsdorf.com/articles%5CAdjustment%20vs%20IVP.htm "It depends on the INS Service Center where the case was filed. Moreover, the processing time at each Service Center is unpredictable, sometimes as short as 8 to 10 months and sometimes as long as 2 years or more." Once the above is filed, if you wife is going to travel outside the U.S., she will need to file a form I-131, Application for Travel Document. Fee: $110 http://uscis.gov/graphics/formsfee/forms/i-131.htm After filing, your wife might be eligible to file so she can work here. I-765, Application for Employment Authorization. Current fee: $120 http://uscis.gov/graphics/formsfee/forms/i-765.htm Once she finally gets conditional resident status, you will then want to get out your calendar and mark it carefully. 21 months after your wife gets her new status, and her "green card," you will need to remove the conditions so she can become a permanent resident of the United States. Currently, people only have a 90 day "window" to file form I-751, Petition to Remove the Conditions on Residence. Current filing fee: $145 http://uscis.gov/graphics/howdoi/remcond.htm "You and your spouse must apply together to remove the conditions on your residence. You should apply during the 90 days before your second anniversary as a conditional resident. The expiration date on your alien registration card (commonly know as green card) is also the date of your second anniversary as a conditional resident. If you do not apply to remove the conditions in time, you could lose your conditional resident status and be removed from the country." Details can be found on this USCIS web page. http://uscis.gov/graphics/howdoi/remcond2.htm More is on this page: http://uscis.gov/graphics/formsfee/forms/i-751.htm The form itself is here: http://uscis.gov/graphics/formsfee/forms/files/I-751.pdf It appears that it can take upward to two years for the processing of the I-751, Petition to Remove the Conditions on Residence, but might be as little as six months. So, total time for the whole process could be as "short" as 3 years or as long as 6 years. If you need any clarification, feel free to ask. Search Strategy: Searched the USCIS web site at: http://www.uscis.gov Looking Forward, denco-ga - Google Answers Researcher