Posted by: no1pakhe January 21, 2014
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Hi jimi_paudel,
The first thing you need to do is marry her legally and gather all the proof like pictures, witnesses etc if needed later if the interviewer asks for any evidence of marriage.
Second, your wife has to file 1-130 for you. Instructions you can find on the USCIS website.
Once your I-130 Gets Aproved the National Visa Center will give you your priority date. Once you receive the priority date, you have to be wait until the priority date under category F2A becomes Current. (As of today the priority date for F2A category is Sep 08, 2013). When the your priority date is current the National Visa Center will contact you and then you can file for your change of status I-485, Work Permit and Advance Parole.
So, for you,
Option 1 : Basically for you the fastest way is, marry her and wait for her to get her citizenship, then you can apply 1-130 and 485 together and you will get your greencard in 6 months at the latest once she applies it for you. During the process ur status will be f1 and once the 485 gets approved ur status will be perm resident.
Option 2 : Or, Marry her now, File I-130 under F2A category and wait. The wait time can be anywhere from 8 months to 2 years or may be more (It really depends on the number of application USCIS gets under this category) If luckily the Priority date becomes current, you may file for i-485 and you may receive your green card in less than 6 months.Its just if you are real lucky. BUT MOST IMPORTANT REMEMBER YOU HAVE TO MAINTAIN YOUR LEGAL STATUS THROUGH OUT THE PROCESS. and you don't get a work permit just by marrying a GC holder and applying for I-130. Your status will me your current status that is f1 through out the processs so you may stay in school or get OPT or file for an h1b to maintain your legal status through this process
I hope I answered ur question Good Luck.
Source : I am not a Lawyer. You may want to get in touch with lawyer if you have any further question.
The first thing you need to do is marry her legally and gather all the proof like pictures, witnesses etc if needed later if the interviewer asks for any evidence of marriage.
Second, your wife has to file 1-130 for you. Instructions you can find on the USCIS website.
Once your I-130 Gets Aproved the National Visa Center will give you your priority date. Once you receive the priority date, you have to be wait until the priority date under category F2A becomes Current. (As of today the priority date for F2A category is Sep 08, 2013). When the your priority date is current the National Visa Center will contact you and then you can file for your change of status I-485, Work Permit and Advance Parole.
So, for you,
Option 1 : Basically for you the fastest way is, marry her and wait for her to get her citizenship, then you can apply 1-130 and 485 together and you will get your greencard in 6 months at the latest once she applies it for you. During the process ur status will be f1 and once the 485 gets approved ur status will be perm resident.
Option 2 : Or, Marry her now, File I-130 under F2A category and wait. The wait time can be anywhere from 8 months to 2 years or may be more (It really depends on the number of application USCIS gets under this category) If luckily the Priority date becomes current, you may file for i-485 and you may receive your green card in less than 6 months.Its just if you are real lucky. BUT MOST IMPORTANT REMEMBER YOU HAVE TO MAINTAIN YOUR LEGAL STATUS THROUGH OUT THE PROCESS. and you don't get a work permit just by marrying a GC holder and applying for I-130. Your status will me your current status that is f1 through out the processs so you may stay in school or get OPT or file for an h1b to maintain your legal status through this process
I hope I answered ur question Good Luck.
Source : I am not a Lawyer. You may want to get in touch with lawyer if you have any further question.