Posted by: Prakash_Ji November 3, 2008
F1 - married with PR , need Immigration help
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Columbia,

Contratulations on your marriage!

I don't think your wife could get permanent residency as your spouse, in near future. But in any condition I suggest following steps to take:

1. File a petition, I-130 and other forms required with this, for her. It doesn't hurt to file even it may take a long time for approval. Initial approval will take a minimum of 1year and in worst case it will be at a time close to a time when your petition date becomes 'current'. But remember, even this approval doesn't guarantee right to file for Adjustment of Status. It will be based upon the Preference\Caterogy as bluesfan1 mentioned. The benefits are:

    a. You don't have to pay higher fee if USCIS increases it.

   b.Your 'effective' date will be the date USCIS receives your application. So, in future, even if rules change and relatives of Citizens have to go through the quota system, you will have a petition that will be reaching its 'maturity'.

2.Wait for 3 years, and if you decide to become a citizen, apply for it.

3. If you become a citizen, you can always upgrade the approved/pending petition that you filed in step(1) and file Adjustment of Status right away (the day you take the oath). 

Its indeed a long and painful wait. But there is nothing you can do much. And take my word, there is NO NEED of any immigration lawyer in this case. Please, don't waste your money and time.

So just follow the process, wait till she graduates, help her find a nice job and H1.

Good luck.

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