I am Greencard holder and I got married around 2 months ago. My wife is in F-1 visa. It has been just 5 month she is here in f-1 and I am here since 2 years as a greencard holder. We got married and registered our marriage around a month ago. Now, we are not sure what further process are we suppose to do in order to get her status change and work permit.

Only experienced and experts may reply , don;t want to hear stupid response.

Dude,Congrats first of! You might know as well that it would have been a whole lot easier if you were a citizen. Before take any advise here on sajha seriously, consult an immigration attorney as they are the experts in the field and are the only ones able to provide you expert advise. Helpful people here on sajha might tryto help you out in different ways bases on different things, but in no way can match an immigration attorney.So, better go and consult one if you are really serious abt this thing. Now, just for you to have an idea of how long it might take for your wife to get her documents, checkwww.uscis.gov and go to Visa Bulletin section (might have to dig a little bit). If you can't find the Visa Bulletinthrough this site, just google "visa bulletin" and you'll get a link>>click on current archives.There will be two broad categories: one for relationship based and the other for employment based.Look under relationship based (where there will be many categories and you need to browse thru them carefully!) and see what category you fit into. Right next to the category, there will be an estimatedtime period of when you can expect the legal documents for your wife given the fact that you're a green card holder. Good Luck!

Like HappyFace said things would be a lot easier and faster if you were a US citizen. As a lawful permanent resident you still can sponsor your spouse. Here's something that can help you:

• If the sponsor is a lawful permanent resident, they may petition for the following foreign national relatives to immigrate to the U.S.:
  • Husband or wife, or
  • Unmarried son or daughter of any age.

In any case, the sponsor must be able to provide proof of the relationship.

Preference Categories

If you wish to immigrate as a relative of a U.S. Citizen or lawful permanent resident, you must obtain an immigrant visa number based on the preference category in which you fall.

People who want to become immigrants are classified into categories based on a preference system. The immediate relatives of U.S. citizens, which includes parents, spouses and unmarried children under the age of 21, do not have to wait for an immigrant visa number to become available once the visa petition filed for them is approved by USCIS. An immigrant visa number will become immediately available. The relatives in the remaining categories must wait for an immigrant visa number to become available according to the following preferences:

• First preference: Unmarried, adult sons and daughters of U.S. citizens. Adult means 21 years of age or older.
• Second Preference: Spouses of lawful permanent residents, their unmarried children (under twenty-one), and the unmarried sons and daughters of lawful permanent residents.
• Third Preference: Married sons and daughters of U.S. Citizens.
• Fourth Preference: Brothers and sisters of adult U.S. Citizens

for more info visit: uscis.gov and consult/hire a good attorney.........

Columbia,

Contratulations on your marriage!

I don't think your wife could get permanent residency as your spouse, in near future. But in any condition I suggest following steps to take:

1. File a petition, I-130 and other forms required with this, for her. It doesn't hurt to file even it may take a long time for approval. Initial approval will take a minimum of 1year and in worst case it will be at a time close to a time when your petition date becomes 'current'. But remember, even this approval doesn't guarantee right to file for Adjustment of Status. It will be based upon the Preference\Caterogy as bluesfan1 mentioned. The benefits are:

    a. You don't have to pay higher fee if USCIS increases it.

   b.Your 'effective' date will be the date USCIS receives your application. So, in future, even if rules change and relatives of Citizens have to go through the quota system, you will have a petition that will be reaching its 'maturity'.

2.Wait for 3 years, and if you decide to become a citizen, apply for it.

3. If you become a citizen, you can always upgrade the approved/pending petition that you filed in step(1) and file Adjustment of Status right away (the day you take the oath). 

Its indeed a long and painful wait. But there is nothing you can do much. And take my word, there is NO NEED of any immigration lawyer in this case. Please, don't waste your money and time.

So just follow the process, wait till she graduates, help her find a nice job and H1.

Good luck.

guys thanks a lot for all of your ideas and suggestion. Appriciated

Prakash Ji,

Will his wife have to continue school after getting I-130?

does filing I-130 maintains status or get work permit? or will she have to maintain her F-1 status in order to stay her legally?  

Filing I-130 doesn't give any legal/immigration benefit. A person must maintain his/her current status. Work Permit is not possible with I-130 either.

Its just like applying for a college; You cannot register until you are accepted.

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