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Filed: F-1 Visa Country: India
Timeline
Posted

Hey Everyone,



I need your help!!


I am having similar type of situation...can you please help me ??



Let me explain my situation in details :



1) On Jan 2012, I entered in usa for my master degree. (F1-Visa) (Student Visa Exp : Jan , 2017)


2) I graduated in dec 2013 from texas university and applied for OPT card. I got my OPT card for 12 months (12 month OPT Period : Jan 2014 to Jan 2015)


3) I started new job as software developer on jan,2014 to present...


4)I am eligible for STEM extension after 12 month So,I applied for OPT Stem Extension (17 Months). Last week ,I got my new OPT ext Card for another 17 months. (17 month new OPT Ext Period : Jan 2015 to June 2016)



5)Now, the main confusion is :


-My girlfriend has greencard and she entered in usa july , 2014.


-she is working in Cvs.


6) we are planning to get married in Aug. 2015 !!



7)After marriage , What do i need to do ?? I don't know any process or further steps to follow.


-I don't want to leave my job and don't want to leave usa.


-if i will apply for GC then how long it will take to get a GC after marriage ?????????


-Can i continue working , after i applied for GC ??



I am totally confuse about USCIS process !! I don't know what to do in this type of scenario.




Can you please suggest me the best option for me ??



Thanks a lot for your help in advance!! :)



Regards,


Maunik


Posted

Maunik

How long does she have a green card? If She has had a green card for a while and entered USA in 2014, I think it will take 24 months stay for her to be able to apply for the citizenship. Its a lot easier for you if she gets her citizenship done. This means she can apply for her citizen ship in July 2016. assuming everything goes smooth timeline wise, she probably can get her citizenship by the end of Dec. 2016. At that point she can file for your greencard and it will take you 6 months based on the citizenship.

Get an attorney and Consult her/him before taking a step. its worth every cent.

If you are in Atlanta and need a good good attorney, go to Humera Subhani. She handles these types of cases. She handled mine which was a very complicated case.

Filed: F-1 Visa Country: India
Timeline
Posted

Hey,

She has green since last 7 months.....

My NEW (OPT)EAD card /work permit will expire in june 2016 as i discussed earlier.

So , Can i apply for GC immediately after we are getting married ???? ( we are planning to get married in Aug. / Dec 2015)

If yes, then how long it will take to get my GC bcz i had my own EAD card based on my master degree ??

Can you please give me some more idea ?

Thanks a lot :)

Regards,

Maunik

Posted (edited)

After marriage, your spouse will file I-130 for you, this is not GREEN CARD application. You can work with your OPT no problem. But because your spouse is not USC, which doesn't give you a visa number right away so you have to wait until your visa number available.

F2A Category: Spouse of Green Card Holder. Waiting time is about 2 year for available visa number, and no one can predict how it is gonna be in next 2 year, progressing or retrogressing. Actually it is retrogressing. So you cannot adjust status in the States because your OPT extension will be expired by the time your visa number available. You will need to leave to your country to start on spousal visa. Good thing you will have IR1 if you pass your interview in your country so you don't have to worry about removing condition on your green card later.

Edited by NancyNguyen

N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

Filed: Citizen (apr) Country: Ireland
Timeline
Posted

***** moving to Bringing Family of Greencard Holders as a more appropriate forum, and removing dupe in another member's thread *****

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Filed: F-1 Visa Country: India
Timeline
Posted

Oh really ???

I don't want to leave country....Do i have any other better option to get GC asap ???

Now, i am vary confuse about my status after getting married...

Please let me know if you have any good idea..

Thanks,

Maunik

Filed: Lift. Cond. (apr) Country: India
Timeline
Posted

Oh really ???

I don't want to leave country....Do i have any other better option to get GC asap ???

Now, i am vary confuse about my status after getting married...

Please let me know if you have any good idea..

Thanks,

Maunik

First, there is no such thing as getting a GC "ASAP."

You mentioned you are here for your masters and that your student visa is valid until 2017, I am not sure how long your masters program is but so long as you are enrolled in school as per requirements of your visa you may remain in the US to complete your studies.

You also said you have an EAD, please note an EAD does not give you any status, it is merely a permission to work. If you breach requirements of your student visa, the EAD does not kick in as a protection.

Since your lady has only been in the US since 2014, she is not yet eligible to apply for naturalization, therefore it is best to wait until she naturalizes to marry and do your AOS.

From the timeline you have given, this looks like a new relationship, take the time to get to know one another, marriage is not something to rush into as it's a forever kind of thing :) It will give you time to gather all the evidence of your relationship.

Your student visa is valid for a while and you have secured employment, congratulations! Prove yourself to your employers and you can eventually talk to them about getting a work visa so that you can wait while your lady naturalizes.

All the best!

K-1 Visa

Service Center: Texas Service Center

Transferred? No

Consulate: Mumbai, India

 

Met at University in UK: 2010

Engaged in India: 03/31/2014

I-129F Sent: 06/20/2014

NOA1: 06/25/2014

NOA2: 12/16/2014

NOA2 Hardcopy Received: 12/23/2014

Case Sent to NVC: 12/23/2014

NVC Case Number Assigned: 01/05/2015

Case Sent to Consulate: 01/08/2015

Case "Ready" at Consulate: 01/09/2015

Applied for PCC: 01/20/2015

PCC in hand: 02/23/2015

Medical: 01/23/2015

Completed DS-160 and paid visa fee: 02/20/2015

Interview: 03/13/2015 APPROVED :)--> Same day went into AP

Visa "issued" on CEAC webstie: 03/16/2015

:goofy: :goofy: Visa in hand! 03/18/2015 :goofy::goofy:

POE: 06/04/2015 :dancing: :dancing: :dancing:

AOS Journey

06.11.2015- City Hall Wedding

06.29.2015- Mailed AOS Package

07.01.2015 - Package Delivered at Chicago Lockbox

07.02.2015- Date Received as per USCIS

07.09.2015- NOA1 for EAD/AP

07.24.2015- RFE :ranting:

08.13.2015- USCIS accepted RFE response

09.08.2015- EAD received

Waiting for the interview :clock:

12.19.2015 WE GOT THE GREEN CARD IN THE MAIL!!!!! No interview :)

ROC

10.25.2017 ROC packet received by VT Service Center

11.02.2017- Received NOA dated 10.26.2017

11.29.17- Completed Biometrics

Waiting for the interview :clock:

 

 

Filed: FB-4 Visa Country: India
Timeline
Posted

Apart from all the above best course of action....After getting married, Your lady can file a I-130 petition for you under F2A and later on when she gets her citizenship in 2016, you can upgrade the present petition filed for faster processing...

Good Luck

Filed: Citizen (apr) Country: Poland
Timeline
Posted

Apart from all the above best course of action....After getting married, Your lady can file a I-130 petition for you under F2A and later on when she gets her citizenship in 2016, you can upgrade the present petition filed for faster processing...

Good Luck

If she entered US in 2014, earliest she can get citizenship is 2019 (unless she got it through marriage to US citizen but I am guessing not in this case...)

Filed: Lift. Cond. (apr) Country: India
Timeline
Posted

Oh really ???

I don't want to leave country....Do i have any other better option to get GC asap ???

Now, i am vary confuse about my status after getting married...

Please let me know if you have any good idea..

Thanks,

Maunik

like others replied.. your status won't change after you get married here... She just immigrated here few months ago and you are here on F1.. after married you will not able to adjust your status to spouse of legal alien (she is LPR it will take her 4-5 years to get citizenship). you can stay If you are able to secure employer sponsorship ..

Posted

Maunik

How long does she have a green card? If She has had a green card for a while and entered USA in 2014, I think it will take 24 months stay for her to be able to apply for the citizenship. Its a lot easier for you if she gets her citizenship done. This means she can apply for her citizen ship in July 2016. assuming everything goes smooth timeline wise, she probably can get her citizenship by the end of Dec. 2016. At that point she can file for your greencard and it will take you 6 months based on the citizenship.

Get an attorney and Consult her/him before taking a step. its worth every cent.

If you are in Atlanta and need a good good attorney, go to Humera Subhani. She handles these types of cases. She handled mine which was a very complicated case.

Do you know what you are saying about?

N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

Filed: K-1 Visa Country: Wales
Timeline
Posted

The quickest way would be to find a Girlfriend who is not a USC.

Otherwise get you Employer to sponsor you for a work visa/GC.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
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