Student Visa F1 to Green Card

[novikuez]

Hi everyone,
I am a F1 visa holder who wants to marry an American citizen.
Does anyone have some thoughts to share on that issue?
I have been in the country for 4 years and entered legally. If we will file an I-845 for me, would I be an immediate relative? Since I entered on nonimmigrant visa.

BCIS says:
"If you have been married for less than two years when your spouse enters the United States on an immigrant visa, the permanent resident status is considered “conditional.” The immigrant visa is a CR (conditional resident) visa, not an IR (immediate relative) visa.

You and your spouse must apply together to the Department of Homeland Security's Bureau of Citizenship and Immigration Services (BCIS) to remove the “condition” within the ninety days before the two year anniversary of your spouse’s entry into the United States on an immigrant visa. The two-year anniversary date of entry is the date of expiration on the alien registration card (green card)."

Thanks and greetings to all!

 

[vhooloo]

Hi everyone,
I am a F1 visa holder who wants to marry an American citizen.
Does anyone have some thoughts to share on that issue?
I have been in the country for 4 years and entered legally. If we will file an I-845 for me, would I be an immediate relative? Since I entered on nonimmigrant visa.

BCIS says:
"If you have been married for less than two years when your spouse enters the United States on an immigrant visa, the permanent resident status is considered “conditional.” The immigrant visa is a CR (conditional resident) visa, not an IR (immediate relative) visa.

You and your spouse must apply together to the Department of Homeland Security's Bureau of Citizenship and Immigration Services (BCIS) to remove the “condition” within the ninety days before the two year anniversary of your spouse’s entry into the United States on an immigrant visa. The two-year anniversary date of entry is the date of expiration on the alien registration card (green card)."

Thanks and greetings to all!

Once you get married you become a spouse - which has the highest "priority" in terms of relative-sponsored green cards. However, as you pointed out, the initial GC is conditional if you have been married for less than 2 years.

Not sure if this answers your questions, but your steps would be
a) get married
b) file for paperwork at the local office (includes I-130, I-485, medicals etc).

 

[LucyMO]

since you are already in the States, you will probably go through Adjustment of Status route, rather than immigrant visa. Whichever route you will choose, if your interview for AOS happens to be before the second anniversary of your wedding you will get a conditional GC. If it happens to be after - you will get unconditional GC.

If you choose to go through the consulate, if you enter on your immigrant visa after the second anniversary of your wedding, you will get a conditional GC. If you enter with your immigrant visa after the second anniversary of your wedding - you will get unconditional GC.