Getting Married Before AOS Interview

S

sam10562

New Member
Hello,
I am hoping some one can help me with the following:
I have an AOS interview at the NY office in May. I intend to get married in mid-April. My spouse-to-be is an International Student. My questions are as follows:

a) What effect will my new marital status have on the AOS process? Will it have any impact on the AOS interview?

b) What would be the steps to file for AOS for my spouse once I get my GC. Can I file for I-485 AOS directly for her or does is it still considered a family based GC petition, implying I need to file I-130, wait for a long long time and then I-485?

I appreciate any help.

Regards
-Sam
 
As soon as you get married, you must file a 485 appl for your wife with relevant marriage documents. She is qualified to obtain GC as a beneficiary as long as the wedding takes place before 485 approval. She may not get the GC along with you but would get it after a normal 485 process time i.e. 18-24 months. However, you can also apply for her EAD & AP. (Caution: After filing for GC, a foreign student must NOT travel on a F1 visa because F1 students must show non-immigrant intent)

If 485 is approved before your wedding, then you'd have to file for her immigration as a GC holder. This process takes 5-6 years!

Good Luck!
 
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