I am in the process of getting my US Citizenship (about 6 months away). My spouse is on an F1 OPT visa and is with me in the US. That visa expires on Jan 31st 2007.Supposing my spouse is unable to find a job that sponsors an H1 in time, is there a way for me to ensure that my spouse receives a conditional green card on the day I get my US Citizenship?
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Conditional GC for spouse of US citizen
- Thread starter radhica
- Start date
radhica said:I am in the process of getting my US Citizenship (about 6 months away). My spouse is on an F1 OPT visa and is with me in the US. That visa expires on Jan 31st 2007.Supposing my spouse is unable to find a job that sponsors an H1 in time, is there a way for me to ensure that my spouse receives a conditional green card on the day I get my US Citizenship?
If you are going to get the citizenship in six months as expected, then you have nothing to worry about. Since he/she is already here in the US, you can file I-130 and I-485 together on the day you become USC. He/She will get EAD to work and live in the US until her GC is approved.
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GeeC said:If you are going to get the citizenship in six months as expected, then you have nothing to worry about. Since he/she is already here in the US, you can file I-130 and I-485 together on the day you become USC. He/She will get EAD to work and live in the US until her GC is approved.
Unless the OPT runs out first. If that happens, perhaps the spouse can change status to B-2 while the N-400 is processed?
Al Southner
Registered Users (C)
radhica said:I am in the process of getting my US Citizenship (about 6 months away). My spouse is on an F1 OPT visa and is with me in the US. That visa expires on Jan 31st 2007.Supposing my spouse is unable to find a job that sponsors an H1 in time, is there a way for me to ensure that my spouse receives a conditional green card on the day I get my US Citizenship?
Radhica,
You just need to wait till your naturalization process is done. Actually, couple of days before you go to the oath ceremony, you and your spouse should prepare all the forms: I-130, I-485, I-765, I-864, G325a,I-693 and actually complete them and wait to sign them on the day of your oath ceremony. Make copies of all the evidence which is needed: joint bank acc, life and car insurance policies, lease or deed of place of residence (reflex joint ownership), tax returns, passport size pics, and any relevant information which is going to make the process easier for you guys. Don't forget to make copy of your naturalization certificate. NB: make copies of each and everything that you send to USCIS.
JOE F is misguided by telling you that there is no way your spouse can get a green card. Once you become USC, you can help him to procure one, but this will take some months, 6-9 more or less. While the immigration officers are reviewing your petitions, prepare to appear at a local interview USCIS office for interview on your marriage, and answer couple of questions going at the core of your marriage. So, be patient and file all the forms.
If there is a risk of you not getting citizenship until then, I suggest your spouse apply for another course that will give him/her in status until you are a citizen and obtain EAD card. The new immigration bill may make it lawful for international students to work part time off-campus (like it is in Australia).