Dima,
OK, regarding your OPT, it looks like you plan on traveling on it, i.e., enter the US with OPT. I am not certain if you are currently employed. But, I hope you know certain rules about OPT, if not, I want to make you aware of the following:
~If you have an approved OPT and you depart
before you get a job, your OPT ends and you cannot reenter unless you have a written job offer.
~However, if you have a job, you may travel and reenter to resume work at the same job or you have a written offer for another job.
So, make sure you are still employed or at least have a job offer so you can reenter the US. It is very important that you speak with your DSO about your options before you make any travel decisions.
Now, I know things couldn’t get any tougher around this time. But YOU have a very important decision to make: What is more important to you right now? Getting a Green Card, OR Getting
that Job Abroad. I’m sure you have gone over this many times, but I hope the decision you make will not be the one you will regret in future.
Considering your circumstances, you have two options:
1. Consular Processing: You will have to go to your home country to do this. It is a much faster process than compared to AoS. Since your CN is low, you may get interviewed and/or approved on the same month you are current, i.e. October or November, depending on how busy the US Consulate in your home country is. Now, there are many
what ifs with this process (well, there are with AoS too).
IF for some reason, you are denied, you or your spouse may not be granted future non-immigrant visas (such as student and visitor visas) as you would have already shown intent for immigration by applying for the GC. But I have heard more success stories than otherwise. So do think about it.
2. AoS: You could go two ways with this:
a. Safer Route: You stay in the US, apply for your AoS on October, by the end of the month you may be able to get the NOAs (you can never really tell how long those will take especially during the start of the FY) but from looking at 2010 AOS folks’ signatures, they were in by within a month.
b. Risky Route: You travel abroad, and come back around end of October to send in your AoS with your wife’s status expiring on November 3rd. I am not really keen about this route,
but the decision is yours.
Now, regarding your wife’s extension of stay, if her employer is willing, you could of course apply for extension (to be on the safe side), but please make sure that you have enough time to even apply for an extension. Unlike student visas, there are no “grace periods” for P visas, so unfortunately, your legal status ends on the day indicated on your I-94 card. Any stay beyond that day is considered illegal. Plus, you have to be in legal status at the time of applying for AoS.
You could stay in the US while your AoS is pending without having to apply for an extension for your wife’s P-3 status. But
if for some reason, it is denied or rejected, she would have to leave the country. This is why I stress to those (whose visas/statuses are expiring in weeks or days after applying for AoS) to
consider having a back-up non-immigrant status to fall back on.
(Note: Majority of DV cases are approved without any problems).
Please do not take my suggestions as final. Anytime you are unsure, you should seek legal
advice (I am not asking you to hire a lawyer for your case and never will). Do your research, use reliable resources whenever you have to, and make an informed decision.
Leon, nuvf, khayat, and others please chime in.
Answers are up there in BOLD. Thank you very much for your attention to my problem!