From O-1 to Permanent Residence because of marriage to US citizen.

[Alexhrw 0]

Hi,

 

I want to apply for permanent residence. I currently have an O-1 visa that ends May 2018.

I moved to the US in 2015 with my then girlfriend, now wife (who has dual citizenship).

We married here in the US in 2016. And had a child here as well in 2016.

 

Does anyone know what visa guide should I follow to obtain a green card in this situation?

Can I apply for this here in the US and stay here while I apply?

How much time would this procedure cost?

 

Thanks in advance. I appreciate your help.

 

[geowrian 22,337]

http://www.visajourney.com/content/i130guide2

 

You can remain in the US while AOS is pending. ETA: 4-12+ months, with ~9+ months being common.

You cannot leave the US until you have either the green card or AP. I suggest filing for an EAD and AP (I-765 + I-131) with the I-485. ETA: ~4 months to get them. If you leave the US beforehand, your AOS application will be abandoned and you likely will not be able to return without a spousal (CR-1/IR-1) visa in about a year or so.

 

Costs:

I-130: $535

I-485: $1140 + $85 biometrics = $1225

I-131: No additional cost

I-765: No additional cost

I-864: No fee

 

You will also need a medical from a Civil Surgeon (CS). Costs vary, but expect roughly $300 as an off-the-top-of-my-head estimate.

Edited September 18, 2017 by geowrian

[Alexhrw 0]

Great. Thanks for the quick reply.

[Coco8 1,042]

If you have an O1 you can also do an employment based green card. Because you have an O1 you don't need the labor certification so you'd be looking at a short time frame to getting a green card. 

 

It is just another option. 

 

If you work at a university, they usually cover the cost of the paperwork/application fees. But it varies.

 

The are some differences so you have to look those up and make some decisions based on what makes the more sense for you and your family.

 

Edited September 18, 2017 by Coco8

[CEE53147 559]

With an O-1 visa, you are likely a well paid professional. Why risk making an error in filing; engage an attorney to get you started. It is an investment that you will not regret. You should be looking at filing as a spouse of a US citizen; the question is why you have not done so earlier.

[mindthegap 2,590]

14 hours ago, CEE53147 said:

You should be looking at filing as a spouse of a US citizen; the question is why you have not done so earlier.

Bit of a sweeping statement there...

Many of the people I know who live here on O1s and are eligible to get their GC , remain on an O1 - many for tax reasons!

 

There are also other benefits filing via EB-1 instead of CR-1.

They married in 2016, so if GC issued prior to 2 year wedding anniversary there would then be the I-751 (removal of conditions) required two years later. They have a young child. Does the spouse still work? The I-864 sponsorship comes into play via CR-1/IR-1, so this may be a factor also.

 

An EB1 from an O1 can also be done very quickly indeed, with no labour certification needed, and is also eligible for premium processing

 

 

[Coco8 1,042]

2 hours ago, mindthegap said:

Bit of a sweeping statement there...

Many of the people I know who live here on O1s and are eligible to get their GC , remain on an O1 - many for tax reasons!

 

There are also other benefits filing via EB-1 instead of CR-1.

They married in 2016, so if GC issued prior to 2 year wedding anniversary there would then be the I-751 (removal of conditions) required two years later. They have a young child. Does the spouse still work? The I-864 sponsorship comes into play via CR-1/IR-1, so this may be a factor also.

 

An EB1 from an O1 can also be done very quickly indeed, with no labour certification needed, and is also eligible for premium processing

 

 

Yeah, I agree. That is why I also recommended looking into doing it through work. Plus, a lot of universities (I'm assuming he/she works at a university) pay for the GC application and take care of most of it for you.