When do I have to file?

[KM]

Hi Everybody,
I'm a german student. I'm living with my fiance in the US he is a USC. We wanna get married but he is quite scared that the whole immigration process will mess up the wedding. My question is when do I have to file the petition? And does my student status has a influence? How long does it usually take to get those granted if at all?

Every answer would help.

Thanks,

KM

[KM]

Hi Everybody,
I'm a german student. I'm living with my fiance in the US he is a USC. We wanna get married but he is quite scared that the whole immigration process will mess up the wedding. My question is when do I have to file the petition? And does my student status has a influence? How long does it usually take to get those granted if at all?

Every answer would help.

Thanks,

KM

[Me2]

I really don't know if your kind of visa allow you to change your status...you have to check it with USCIS official website or somebody else might clear this up.

But if it allow...after marriage you have to file AOS, adjustment of status which will take from 6 - 24 months for you to granted CONDITIONAL PR or PR. (Depends on when your interview date). If it is before 2 years of your marriage it will be a conditional PR, if after 2 years of your marriage, it will be 10 years PR.

While adjusting your status, you can work (if you apply for EAD - I-751) and even continue your study).

But first, check whether your visa can be adjust. Otherwise its no point.

I'm not a lawyer, pls act accordingly.

[Kalla]

Well from what I know, you have to do the following: have your spouse file I130 and I485. You can file I765 in case you want to work.
you have a better explanation of this on the BCIS website http://uscis.gov/graphics/howdoi/LPRApplication.htm
http://uscis.gov/graphics/howdoi/legpermres.htm
read carefully, in case you feel that you won't be able to do it yourself consult a lawyer. But to tell you the truth you don't need a lawyer you can do it yourself and whenever you have a question just ask it to the forum . you have people like Mohan who are very helpful.
Later and good luck!

[Lucy]

If you are on F-1 visa, you can adjust your status without leaving the country. After the wedding and after you receive a marriage certificate (takes a couple of weeks after the wedding to get one), your husband can file I-130 for you at the same time with I-485 (adjusting your status from F-1 to LPR) and application for work permit (see posts above, they give very good links with information from USCIS). Once you apply to adjust your status, you do not have to maintain your F-1 status (that is, to be enrolled full-time in school), but you can continue studying if you wish.