Spouse petition help

[sanket2187]

My wife has a GC and we just married last month. I just came to know that there is not that much wait time for GC holder spouce to get GC. I am on student visa and want to know if it is true ?

If it is true then what is the wait time for NY applicant for the whole process and also what paper my wife has to bring ??

[BigJoe5]

Step #1 is for your wife to file form I-130 with required evidence and fee according to instructions on the form and website.

The filing date (when accepted for filing at Chicago Lockbox) will be your priority date. You will be in the Family Based 2A category (spouse of LPR). Check the Visa Bulletin for your Priority Date to become "Current". Current means that your priority date is a date BEFORE the one shown on the Visa Bulletin for your category and country.

IF you are in the U.S. in a legal valid nonimmigrant status when the priority date becomes current, then you can file for adjustment in the U.S. with USCIS (I-485, I-131, I-765). Additional documents will be requested later, including I-864 and associated financial documents.

IF your F-1 runs out and expires BEFORE your PD is current AND before you actually file, then you have to leave the U.S. and go through Consular Processing.

If it turns out to be adjustment or Consular Processing, you have to be addmissible as an immigrant under the laws.

[sanket2187]

Thanks Bigjoe5 for your reply.

Right now I am on f1 and I already filed for OPT and that should be good for another year or so. Do you know how long this whole process takes ? Will it be done with in a year from the time I submit, because if it does then I do not need to worry about my OPT to be expire.

Thanks once again for your help.