GC application for wife.

A

acharya007

Registered Users (C)
I am a LPR and will be becoming citizen in september 2011. My wife has F1 visa. Her visa expires june 2011. My I130 case was approved Apr 22 2011( -filed on Nov 2010) but on visa bulletin the priority date for F2A category is 01APR07 which means its going to take a long time to get GC through green card. I will be becoming citizen in September 2011.
1) What should I do after I get my Citizenship? Is there any way to apply for work permit until then because her student VISA expires in June.
What are my other options. Thank you for comments and suggestions.
 
acharya007 said:
I am a LPR and will be becoming citizen in september 2011.
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How do you know that? You've already done the interview, and have an oath date in September? Or do you mean you're eligible to become a citizen in September, because that's the 5-year anniversary of your GC?

1) What should I do after I get my Citizenship? Is there any way to apply for work permit until then because her student VISA expires in June.
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If her F1 is for a university degree program, she should be able to get OPT. Note that there is a narrow window of time before and after graduation when she can apply for it.

Note that her F1 visa expiration doesn't control how long she can stay in the US. The visa controls when she can enter, not when she has to leave. It's her I-20 and study program that determines how long she can stay. When is her last day of classes before graduation?
 
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Jackolantern said:
How do you know that? You've already done the interview, and have an oath date in September? Or do you mean you're eligible to become a citizen in September, because that's the 5-year anniversary of your GC?



If her F1 is for a university degree program, she should be able to get OPT. Note that there is a narrow window of time before and after graduation when she can apply for it.

Note that her F1 visa expiration doesn't control how long she can stay in the US. The visa controls when she can enter, not when she has to leave. It's her I-20 and study program that determines how long she can stay. When is her last day of classes before graduation?
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You are right, September 5th is my 5 year anniversary of GC. So I would be applying for citizenship after June 5th.
Her I-20 expired this month and her graduation is scheduled for Fall. The international student advisor told her that since she is graduating in fall she wont be able to apply for opt right now. Only if she had applied for graduation in spring she would have been eligible to apply for opt.

Concerned4us said:
Is your wife actually studying? Did she graduate yet?
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as above.

so applying for another program of study is an option but I was wondering if there is any other way to get a work permit until then. Or would it be advisable to apply for dependent visa if she dosent want to attend college until she gets her GC(due to financial reasons-you know how expensive colleges are for international students) and I dont want her to be out of status.

Thank you for you reply Jackolantern and Concerned4us.
 
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acharya007 said:
Her I-20 expired this month and her graduation is scheduled for Fall. The international student advisor told her that since she is graduating in fall she wont be able to apply for opt right now. Only if she had applied for graduation in spring she would have been eligible to apply for opt.
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By graduation in the fall, do you mean the end of the fall semester (December)?

Has she completed all her classes? If yes, she has to leave the US by the end of the 60-day grace period after her last day of classes; she won't be able to stay until graduation in the fall with her F1.... unless she extends her I-20 by doing something like adding a minor or double major to her degree, and does classes in the fall semester.

Or would it be advisable to apply for dependent visa if she dosent want to attend college until she gets her GC(due to financial reasons-you know how expensive colleges are for international students) and I dont want her to be out of status.
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There is no available dependent visa for the spouse of a GC holder.
 
New Question

As stated in my first post I130 case for my F1 wife was approved Apr 22 2011. I applied for citizenship and had my finger print taken last month. Looking at the timeline for naturalization I should be getting my citizenship 1st week of December. What should be my next step after that, for my F1 wife?
Thank You
 
acharya007 said:
Yes it is valid. Her I-20 was extended for 3 more years since she transferred to new college.
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Good. Then all she needs to do is maintain her status till you become a citizen, then she can file the I-485 along with the related forms and documents (I-864, I-693 medical, I-131, etc.). She should not travel outside the US until receiving either Advance Parole or the green card itself, as she would risk being refused entry with the F1 visa if the POE officer is aware of the I-130.

The I-693 medical can be done up to 12 months in advance, so it would be a good to schedule the appointment within the next 1 or 2 months so the results will be ready before you complete the citizenship process and everything can be sent ASAP after you become a citizen instead of having to wait for the medical results.

I applied for citizenship and had my finger print taken last month. Looking at the timeline for naturalization I should be getting my citizenship 1st week of December.
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There tends to be a slowdown in the November/December months due to USCIS staff taking vacations. January would be a more realistic time.
 
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