Advice on foreign student marriages & becoming a permanent resident?
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I am engaged to a foreign student (who is here in the US legally on a student visa) and I was wondering what procedures we need to go through in order for him to become a permanent resident. Since he is already here legally, do I still have to "petition for immigration"? [Fill out the I-130] Here is what I [think] I know: 1. We have to be married (hence related) for him to become "permanent" 2. He needs to be able to live, go to school, and work here in the US Here is what I'm unsure of... 1. How long will it take, from the date of marriage, to become a permanent resident? 2. Do I HAVE to petition for him as an alien relative? 3. Can we file the I-130 (Petition for Alien Relative), I-485 (Permanent Residency), and the I-765 (Employment Authorization) at the same time? & one last one: 4. Does his student status have any effect on this application/marriage process and vice versa (will these changes effect him being able to be enrolled in college)? As far as the I-485, what is going to change? Is that the "green card"? I know that it is basically a request for status change/permanency, but has anyone been through these procedures before? If you have had experience with (or know of any immigration attorneys according to) foreign marriage to US citizen in US & steps to becoming a permanent resident, please help! All help is much appreciated!!! :)
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Answer:
Yes, you may get married in the US and you may file green card application for him (I-130 for petition for alien relative, I-485 for adjustment of status, I-131 for advance parole which is a travel document and I-765 application for work permit and I-864 for affidavit of support), though you will need to prove that you have the financial ability to sponsor him. If you are a student yourself and lack the financial ability, then you would need to find a co-signer for the affidavit of support (I-864). Once the applications have been submitted, his status changes from F-1 student to AOS adjustment of status/green card pending. USCIS will contact you for interview to make sure the marriage is true. If the green card is approved, it would be a conditional green card, valid for 2 years. You will need to file application to remove the condition before the green card expires. You should contact the international student office at your husband-to-be's school and see if anyone there can help you. Good luck.
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