QUESTION

Change in Status from F1 to Green card from Marriage!

Asked on Sep 29th, 2018 on Immigration - New York
More details to this question:
I am in F1 status with excellent status since 1 year in NY and my wife is Permanent Resident since 1 year in NY. How can I change my status and how long will it take?
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1 ANSWER
Answered on Oct 28th, 2018 at 11:09 AM
As your wife is a permanent resident, there is no immediate visa availability and she would first file an I-130 preference petition on your behalf. You must then both wait to see when that date of filing becomes available for adjustment of status (you must determine it by seeing whether U.S.C.I.S. is accepting visa chart A (final action date) or visa chart B (filing date) for the month). When you see that the date is available, you can file for the I-485 adjustment of status application.  For the month of November, U.S.C.I.S. is using chart B, under which it is accepting I-485 applications from those who filed I-130 petitions less than a year ago before December 1, 2017. If the pattern continues, you could likely be processed for the green card in approximately 2 years as the final action date has moved to September 15, 2016. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  

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