Apply for GC while on OPT

T

tuanduc

New Member
Hi everyone,

I did a research almost through the website and I have to say that you guys are very nice and it is a very good website. Because my situation is a little bit different so I am very appreciate if you guys can help me out of it.

Here is my situation:

I am Vietnamese, I am F1 visa holder with opt status. My opt will expire on Jan 2011 and I am eligible to apply for 17 month extension.
My future wife is US citizen, she came to the US 8 years ago through marriage. She got divorce with her husband 1 weeks ago after sponsoring her parents to immigrate to the US (they arrived here 1 month ago).
We plan to get marriage as soon as possible and she will sponsor me to have GC.

Here is my question:

1) Is it difficult for me to get GC because she just divorced and sponsored her parents?
2) Should I wait until my 17 month OPT extension valid to apply for GC? (so USCIS won't consider me to pursue GC because my status is going to expired).

PS: my priority is to apply for GC as soon as possible because we consider to purchase a house together. I really do not want to wait until next year to apply for green card and start looking for a house again.

I am looking forward to hearing from your advise. Thank you very much in advance and I am very sorry for my bad English.
 
More importantly, when did she get her own GC? Having gotten her own GC through marriage, she has to wait 5 years after her GC approval before she can sponsor a new spouse.

PS: my priority is to apply for GC as soon as possible because we consider to purchase a house together.
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Why the rush to buy a house? House prices aren't going to shoot up anytime soon.
 
Jackolantern said:
More importantly, when did she get her own GC? Having gotten her own GC through marriage, she has to wait 5 years after her GC approval before she can sponsor a new spouse.


Why the rush to buy a house? House prices aren't going to shoot up anytime soon.
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She got her own GC 6 years ago and she is USC now.
 
1) Is it difficult for me to get GC because she just divorced and sponsored her parents?
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you can apply for a GC at any time after you get married. If her income is sufficient for herself, her parents and you according to the form I-864P, she doesn't need to look for a co-sponsor.
 
LucyMO said:
you can apply for a GC at any time after you get married. If her income is sufficient for herself, her parents and you according to the form I-864P, she doesn't need to look for a co-sponsor.
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Thank you very much, it's a great news for me.
Could you answer my 2nd question? Should I wait to apply for GC after getting 17month extension for my current OPT status?
 
Apply for the GC right now. If you apply for it soon enough you might get the AOS-related EAD before your existing EAD expires and then you wouldn't need the OPT extension.
 
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