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Filed: F-1 Visa Country: India
Timeline
Posted

Hello all

I am not sure if this post is repeated or not but couldn’t find the answers for my questions anywhere else.

Ok, so here is my case.

I am on F-1 CPT (Curriculum Practical Training) working Full-Time as well as maintaining student status. My fiancée is an LPR since last 5 years and we just filed for her Naturalization (Priority Date: 4/20/2011, Fingerprinting Date: Sometime in May – letter sent by USCIS for appointment, haven’t received it yet). We are planning to get married in a week and also have an essential trip planned to my home country in December. Here are my questions:

  1. Can we apply for my GC right after we got married based on her GC and later upgrade my petition? (Do we have to wait for some time after we get married here? Is it wise to wait until she becomes citizen or it’s better to start processing now?)
  2. Once she becomes a citizen, how long it usually takes to get the petition upgraded, have AOS, AP an EAD accepted?
    • I believe once I-130 is accepted I can file for I-485 along with I-765(EAD) and I-131(AP). How long is this stage?

[*]Once I get EAD do I need to maintain my F-1 status?

[*]If I travel on AP do I need to apply for F-1 (in Normal scenario, my F-1 will expire before I leave US and have to apply for F-1 if I leave US) while returning or I can legally re-enter based on AP and work on EAD?

I know it’s never certain how long it takes for a process to complete but based on all of your experiences if at least I can get the estimate then it’s great. The only concern I have is if I can re-enter and work legally based on AP/EAD once I leave US. Do you think we have enough time before leaving USA to at least have AOS, EAD and AP in hand before this December?

Here’s my rough estimate:

Fiancée applied for her Naturalization : Priority Date: 04/20/2011 (Home state NY, hence Vermont Service Center)

Finger Printing Appointment : Sometime in May (USCIS sent appointment letter, haven’t received it yet)

Getting Married : In a week or so (should we or wait until she becomes citizen?)

Approx Time of her becoming citizen : October (this is what we think, PURE speculation)

Time before leaving USA : around 2-3 months (leaving in December) - Enough time for AOS, EAD, AP?

Since the trip to my home country is essential, should I apply for my GC now? Or wait until I come back? Returning back on F-1 might be a problem for me (a whole different story).

Thanks a lot for reading and waiting for your advice

Nikul

06/03/2011 - got married in Kew Gardens NY court (me, her and her Uncle-Aunt)

10/24/2011 - Mailed out via Next Day USPS

10/25/2011 - Delivered

10/28/2011 - Emails received and can view case status online

10/31/2011 - Checks cashed, and last updated date online

10/31/2011 - Hard copy NOA1 received

11/04/2011 - Biometric notification received for 11/25

11/07/2011 - Walk in Bio completed

11/10/2011 - got RFE for I-485 (specific to I-864, they got confused because I sponsored myself while working and studying on CPT)

11/18/2011 - InfoPass appointment to make sure CPT stuff for RFE is alright (in RFE is said "I was working illegally", scared me to death)

11/30/2011 - Sent RFE response to USCIS (sent explanation about how CPT works and also sent additional I-864 of a GC friend)

12/02/2011 - got email saying RFE response received by USCIS

12/19/2011 - got email saying Interview Notice for 01/20/2012 sent

12/20/2011 - Interview notice for 01/20

12/22/2011 - EAD card production ordered email

Filed: F-1 Visa Country: India
Timeline
Posted

Please anyone advice me. If this is not the right place then direct me where should I post this?

Thanks a lot

Nikul

06/03/2011 - got married in Kew Gardens NY court (me, her and her Uncle-Aunt)

10/24/2011 - Mailed out via Next Day USPS

10/25/2011 - Delivered

10/28/2011 - Emails received and can view case status online

10/31/2011 - Checks cashed, and last updated date online

10/31/2011 - Hard copy NOA1 received

11/04/2011 - Biometric notification received for 11/25

11/07/2011 - Walk in Bio completed

11/10/2011 - got RFE for I-485 (specific to I-864, they got confused because I sponsored myself while working and studying on CPT)

11/18/2011 - InfoPass appointment to make sure CPT stuff for RFE is alright (in RFE is said "I was working illegally", scared me to death)

11/30/2011 - Sent RFE response to USCIS (sent explanation about how CPT works and also sent additional I-864 of a GC friend)

12/02/2011 - got email saying RFE response received by USCIS

12/19/2011 - got email saying Interview Notice for 01/20/2012 sent

12/20/2011 - Interview notice for 01/20

12/22/2011 - EAD card production ordered email

 
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