Q: AOS for a spouse with an F1- EAD expiring in the Aug 2018
Hi,
I am a US citizen and have been married (April 2018) to a girl with an F1 visa whose EAD is expiring during August 2018. What are the possible ways of adjustment of status? Am I required to submit I -130, if so, what is estimated processing time for I-130 approval? If it isn’t approved prior to Aug 2018 how can I maintain her status?
A:
If you are a U.S. citizen wishing to sponsor your foreign-born husband or wife for a U.S. green card (lawful permanent residence), you will need to start the application process by filing a visa petition on Form I-130 (Petition for Alien Relative). You will mail this form (with accompanying documents and fee) to U.S. Citizenship and Immigration Services (USCIS).
If your spouse is currently overseas, then only after the I-130 is approved will your spouse be able to move forward with the green card application, using a procedure called "consular processing".
Learn more about the application process and procedures for the immigrating spouse of a U.S. Citizen, see An Overview of Applying for a Marriage-Based Visa.
If your foreign-born spouse is already in the U.S. after a legal entry, he or she is likely eligible to "adjust status" (apply for the green card) at a USCIS office, without leaving the U.S.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
