What happens if a person with a green card marries someone with a student visa?

Answer 1

As a US resident(a.k.a. LPR -Legal Permanent Resident), you can sponsor him as your spouse. But for the student to get greencard as a spouse of LPR, it will take 4 to 5 years. Contact an Immigration attorney, and have him or her file a petition. And then wait. While waiting, the student MUST stay as a student, or change visa and stay valid. The student must keep a valid visa status while waiting. If the student wants to stay as a student, he or she must keep on studying. If graduation nears, he or she needs to change visa. No matter what happens, keep the valid status. Once the student becomes illegal, by not going to school, or not having changed visa before graduation, he or she cannot get greencard, even if the time comes. That is, unless the greencard holder(LPR), becomes a citizen. If LPR becomes the citizen, then everything changes. A US citizen's spouse doesn't have a waiting period. Also even if citizen's spouse over-stayed his or her visa, that's no problem, if LPR spouse becomes citizen. As soon as LPR spouse becomes the citizen, the student can get greencard, even if he or she over-stayed. If the student leaves US and comes back illegally by crossing border without inspection, all is lost. Even if married to US citizen, illegall entry will get you deported. So, you can get married now, and file a petition for the student as a spouse of LPR. If the LPR spouse doesn't get citizenship, you have to wait 4-5 years and during that time, the student must keep a valid visa, student or otherwise. For the LPR to get a citizenship, he or she must have stayed in US for the past 5 years, and no crimes. If the LPR has a foreign trip longer than 6 months, 5 year counts from the end of the trip. It does not matter whether the LPR(greencard holder) had greencard for 20 years or 20 days, if she or he goes to Greece from September 2005 to April 2006, 5 year counts from April 2006 when he or she comes back to US. If the greencard holder stays in US without long foreign trip, only in 2011, the greencard holder can apply for a citizenship. As soon as getting a citizenship, file a new petition and get greencard for the student. Or get married, file a case and student can quit school. Mostly people quit school for financial reasons. But this is very risky. A lot of people quit school, thinking that when the greencard holder gets citizenship, everything will be okay. But it's not a good idea. First, it takes time for greencard holder to get a citizenship (depends on individuals, 1-6 years). Second, the greencard holder may not pass the citizenship test or have reasons for not getting citizenship, sush as crime he or she didn't think much about. Third, you can break up, leaving the ex-student illegal. For all these reasons, it's good idea to get married, file a petition, keep a valid visa status. In the mean time, if the greencard holder gets a citizenship, good. Refile the case, and get greencard sooner for the student. If the greencard holder has not left US for the past 5 years, and have no criminal record, file a petition for citizenship now. It will only take about 9 to 18 months to get it depends on where you live. If that's the case, get married now, file for citizenship ASAP, keep the student status, and file for greencard for the student when the greencard holder becomes a citizen. If you are sure that greencard holder can pass the citizenship test without problems, then you don't have to file for the student twice, just file for the student when the greencard holder becomes a citizen. Of course if he or she doesn't get citizenship, you would have wasted one year for nothing and file it as greencard holder's spouse and awit for 4-5 years. One thing you should remember. Having filed a petition as a spouse of a greencard holder does not mean that you don't need a visa. You must keep the student status, or other long term visa status, until you get the greencard. That's 5 years. Keep valid visa status at least until you get Employment Authorization Document. You can get it after your number is up in about 5 years. At any rate, you will need an immigration attorney. So seek an advise from an immigration attorney. Many offer 15-30 minute free consultation. I would personally seek an immigration attorney who is a member of American Immigration Lawyers Association (AILA). Do a few free consultations and shop around. Then you will get an idea who's good.

Answer 2

Children who marry during green card processing will be removed from the immediate relative category. Usually green card for unmarried child takes seven years minimum. But for married children it increases to 15 years minimum..

Thanks to a law passed in 2002 called the Child Status Protection Act (CSPA). Fortunately, there are some ways in which a son or daughter who has "aged out" can still be treated as a child.

If a green card holder petitions her daughter in 1999, when she is 14, and the visa became available this month, when she is 21, her age would be 21 years old minus the time it took to process the petition. If the petition wasn't approved until 2000, then you subtract one year from 21, and her age becomes 20 for immigration purposes. She could then apply for her green card.