Desai

If someone who is on student visa marries a Green Card Holder, can he apply for AOS?

Ray

You can marry
No AOS until she is a citizen

Folinskyinla

Hi:

A person here on valid non-immigrant status [other Visa Waiver] can file AOS provided there is an approved visa petition with a current priority date. Marriage to an LPR does not change this in any way. However, if you wish, the LPR spouse can file an I-130 visa petition to accord you "FB-2A" classification if you wish.

[Note: if married to a US citizen, one need only to have been "inspected and admitted" to file a combined visa petition/adjustment application. This dispensation for spouses of AmCits applies also to VWP entrants]

fatbrit

Is the green card holder planning to naturalize?

When is the earliest s/he can so do?

How long do you plan (can you afford!) to stay in (presumably) F1 status?

Folinskyinla

Hi:

Out of idle curiosity, why do you assume he intends to get a green card off his wife? I didn't see it in his question.

fatbrit

I assumed nothing so I'm asking questions. Probably fewer than are necessary but we don't want to scare him/her away by being over technical, cryptic, sarcastic or cliquey, do we?

ian-mstm

I notice that in your very own cryptic way, you have not addressed the matter of intent at the PoE. From the way you've worded this, it suggests that anyone who has been "inspected and admitted" can adjust status regardless of any intent to circumvent immigration regulations.

As you know, many of us here - you included - take great pains to help someone avoid the 10-foot pole issue... are you now stepping back from that position? Or, is this more a matter of "read what I actually wrote rather than what I didn't write"?

Ian

Tracym

Now I'm confused.

His first question asked if he could apply for AOS - wouldn't that be green card?

Rete

Yes, and I don't see that anyone hinted that he was only marrying for one.

You can marry and she can file an I-130 for you. Until the I-130 is approved and your number current, you cannot apply for AOS. You will need some other status to remain in the US until the I-130 is current or you will be here illegally and should return to your country when your current status expires.

Folinskyinla

Hi:

"AOS" is "adjustment of status" which is an application for a green card under section 245 of the Immigration & Nationality Act. Section 245(a) requires that the alien must have bee 1) inspected and admitted or paroled and 2) that an immigrant visa be immediately available. Section 245(c) has a list of prohibitions against adjusting.

The OP did not state under which category he intended to meet the "immediate availability" requirement. For all I know, he has an approved labor certificate and I-140. Will his marriage to an LPR affect his immigration under the I-140 in any way -- I would think not. I learned long time ago not to base an answer on an assumption of what I think the person means rather than the actual wording of the question.

Rete

She states she is here on a student visa.

fatbrit

Is the air a little thin in Alaska this week?

Folinskyinla

Hi:

I forgot to mention -- on the I-130 front -- lets say that the OP is studying on her F-1 student visa and is the beneficiary filed by her parents -- if the parent is an LPR, her marriage will void the visa petition, if parent is a US citizen, the marriage will cause a change in visa classification.

If the OP is a derivative beneficiary of any I-140 [using the benefit of CSPA], marriage will destroy the CSPA eligiblity.

There are LOTS of scenarios which fit the OP's question other than eligibility for AOS as a direct of the marriage to an LPR.

meauxna

One major problem with answering this person's posts is that it's impossible to make out who is who and what they want. Their questions make it seem like it's a research project instead of real people.
The GF used to be a USC in the first post and the OP had filed N-400 in another.