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Sids

Currently in the US on F-1 completing my PHD and recently married to a green card holder

By Sids in Adjustment of Status from Work, Student, & Tourist Visas

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Sids Newbie

Sids   0

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Hello everyone,

 

My wife are I were a little confused and though we should reach out for some guidance. I have been in the United States pursuing my PHD since late 2020. I recently got married to a green card holder earlier this month. Note.. She has been a LPR since Nov 2022.  I am in the process of take a job with a company starting in May 2024. I have been issued an EAD as a part of my student visa. It is currently valid for one year (May 2024 to May 2025). 

Since my wife recently married we wanted to know what are the next steps. We were told by an attorney that we need to file the I-130 and I-485. I understand that it may take multiple years since my wife is a green card holder but I was told that I should get an EAD while the I-485 is being processed. I also read that they are now using EAD for five years now. Again, I would appreciate the guidance.  I read that I can file the I-130 online and submit the I-485 by mail. Trying to do this before the fees increase. 
 

thank you. 

 

 

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Crazy Cat Grand Master

Crazy Cat   41,845

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Welcome to the forum.  As the spouse of a Green card holder, you cannot file an I-485 or I-765 (EAD) until your priority date is current.  If she was a US citizen, you could file the I-485 immediately.   See the monthly visa bulletin links below. You are currently category F2a.  She can file an I-130 for you now (the sooner the better), but that is all you can do for now.  In addition, you must remain in legal status.  You will be barred from Adjustment of Status if you go out of status.

When to File Your Adjustment of Status Application for Family-Sponsored or Employment-Based Preference Visas: March 2024 | USCIS

Visa Bulletin For April 2024 (state.gov)

 

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Crazy Cat Grand Master

Crazy Cat   41,845

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Filed: Citizen (apr) Country: Taiwan
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Posted (edited)
4 hours ago, Sids said:

We were told by an attorney that we need to file the I-130 and I-485.

That attorney is wrong if he/she told you to file an I-485 now. It will be denied.  Find someone else. 

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Crazy Cat Grand Master

Crazy Cat   41,845

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Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted

***Moved to Adjustment of Status from Work, Student, and Tourist Visas***

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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