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Married while in possession of student visa


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My stepson has just been married to a Chinese girl who is on a student visa. He is also Chinese with permanent residency. They were married here in US. What is the next step that the girl needs to take in order to stay in US? Does she need to get another type of visa or does she perhaps need to be petitioned? Thank you for any help...

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I helped a couple in similar situation a couple years ago.

 

How long has stepson had green-card? Can apply for citizenship at 5 years of residency.

 

First step, Step Son needs to become a U.S. Citizen, only Citizens can petition and then adjust status of a spouse.

  1. Become a US Citizen
  2. Once a citizen file an I-130 and I-485 to adjust status of spouse getting a green-card for her.

Could also file the I-130 petition for spouse, and once NVC issues a visa number, then file an I-485 for the green-card, depending on priority dates, the petition can take a couple years to process through to getting a visa number.

 

Lastly there has been some indications the I-485 could be filed with the I-130, and add in I-131 for travel and I-765 for work, the I-485 will be held up until a visa number can be issued, or petitioner status changes from LPR to Citizen, at which point the I-485 can be processed.

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Thank you for all your help and info. My stepson has roughly a year to go to apply for citizenship. He has actually been here over the five years but went back to China for a little over a year to finish school. Therefore he lost a years time for the five year total. Though, I have heard he may be able to apply for citizenship a little before the actual five years completion. So we will research your advice, and once again, thank you sincerely. I will write to you upon any further questions...

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Thank you for all your help and info. My stepson has roughly a year to go to apply for citizenship. He has actually been here over the five years but went back to China for a little over a year to finish school. Therefore he lost a years time for the five year total. Though, I have heard he may be able to apply for citizenship a little before the actual five years completion. So we will research your advice, and once again, thank you sincerely. I will write to you upon any further questions...

 

What you need to research is the 4 year and 1 day rule and hopefully find someone who truly understands it because every time I have done research on it it has just confused me but usually applies to situations similar to your stepsons.

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Did he lose the first year or was it later? Leaving the USA for more than a year tends to reset the clock.

 

The key is how long has been in the states after that period of absence longer than a year?

 

Can file the N-400 within 90 days prior to the 5 year residency requirement has been meet.

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