Applying for a Green Card based on Marriage: Approval time for I-130 and EAD

growingstrong

growingstrong

New Member
Hello everyone, I am looking to file for a Green Card based on marriage at the Florida consular office. My spouse is a Green Card holder and I am currently in F-1 status. How many months does it take to get approval for the I-130 and possibly receive an EAD card nowadays?
 
You can only apply for an EAD when you file for your adjustment of status. Currently for AOS that has a priority date of July 2024 for filing i485 in F2A category, so about a 6 month wait. So you’d need to wait for your i130 to be approved, and then wait for the priority date on that to be current to file for EAD alongside i485. It’s not clear to me how long it’s taking F2 i130s to be approved as they seem to be bunching all service centers/FOs together now, but going by the uscis processing times page https://egov.uscis.gov/processing-times/ it seems to be well over a year. Bear in mind that as your spouse is a LPR and not a US citizen, you have to maintain valid status at all times until you can file to adjust status - any immigration violation will make you ineligible to adjust.
 
Thanks for the response. I am more worried about the waiting time for I-130 approval. Is it more than 2 years or just over 1 year?
 
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growingstrong said:
Do I need to maintain F-1 status after the I-130 is approved or after filing the I-485?
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You need to maintain it at least until you file (and get a receipt for) the i485. You don’t have to maintain it while adjustment is pending after that, but that also means that if anything goes wrong with the adjustment process you will be out of status and have to leave the US immediately. For that reason, it is always advised to maintain a valid status until adjustment is complete.
 
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