Quote:
Originally Posted by Demise
Well, this is wrong for the most part.
Whereas the backlog in F2A is 2 years, F2A is preference category. Unlike being an Immediate Relative, being out of status, working illegally, and being in US illegally, all prevent you from adjusting status. Unless you're covered under 245(i).
In order to adjust status, your to-be spouse needs to naturalize first.
You can marry, she will file I-130 on your behalf. In the meantime if she naturalizes you need to contact USCIS about upgrading the petition to an IR petition and then file for adjustment.
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This is correct. If she is not eligible to become a US citizen any time soon, then still file the petition and follow with a consular process. You can request AP to attend you interview at the US Consulate/Embassy. That way if anything goes wrong (which if you do it correctly you shouldnt have) you can still come back to the US just fine.