What to do about an F1 student marrying US permanent resident?

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What to do about an F1 student marrying US permanent resident?

I came to the US 4 years ago on an F1 Visa. I will be graduating this Fall with my bachelor’s in information systems. My visa expired about 3 weeks ago, however my I-20 form is still valid for about another 8 months. I plan on getting married to my fiance in 2 months. She’s a legal permanent resident. I have a few questions and would appreciate any help or advice I can get. How long would it take after marriage for me to get my green card? Would I need to return to my country while my papers are being processed? If No, would I be allowed to apply for a work permit?

Asked on June 18, 2012 under Immigration Law, New York

Answers:

Harun Kazmi / Kazmi and Sakata Attorneys at Law

Answered 9 years ago | Contributor

Hello. Yes, you would need to leave and go wait, unless you maintain some other nonimmigrant status, such as H1b or new F1.  It may take 2 to 3 years to process. You will not qualify for a work permit based on this filing. Perhaps, she qualifies for US citizenship now or soon. Then, you can stay and get  a work permit.


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