F1 marrying pending EB3

[andy40]

I am on an F1 visa and my girlfriend and I are planning on getting married this year.

Her status is pending green card, filed as EB3, priority date is aug 2007.

 

if we get married this year and I file for adjustment of status  (on basis of marriage), will my status will be the same as hers (pending green card)?

 

if we can file for AOS this year, will that mean  that come next school year (spring 2014), i will be eligible for in state tuition?  OR do I have to wait that her priority date is current before I file my AOS?

 

I could not find it on Uscis website. If you find it, please provide me a link.

 

Thank you.

[pontevecchio]

You cannot file for AOS till her dates are current.

[JoeF]

You seem to have a couple of misconceptions.

First off, you wouldn't be filing on basis of marriage.

You would be filing as her dependent. That means her Priority Date would have to be current for you to be able to file an I-485.

Filing based on marriage would only be possible (and necessary) if her GS was already approved.

I assume that she has filed through a lawyer. Both of you should discuss the situation with the lawyer.