GC holder and spouse from diff countries

G

GCquest2

Registered Users (C)
Hi all:
I am from India, and I received my green card (employment based) 2 yrs ago, so have 3 more yrs to go for citizenship. But now I am married to an Israeli citizen who is on an F-1 status here in the US. Now my question is, If my wife does her green card family based application, wopuld it be under india or israel head.. I know the family based application for india is a long wait.. so enquiring how to go about this. Or should we just wait for her graduation this yhear, and apply employment based.. which is the fastest and convenient way for her to apply ??

Thanks for any help .....
-Anil
 
The priority date would be base on where your wife is from, not where you are from, i.e. Isreal.
 
Thanks for the Quick reply..
That was a big relief to know the priority date is based on Israel.... Now i have 2 more questions
1) Is it possible to know how long the process typically takes for Israel citizens if I apply for her family based immigrant GC now based on my GC status
2) She had earlier come to US on US-State Departments Scholarship on a J-1 Visa, and went back home after graduation for 6 months, and returned to US on a F-1 visa for graduate studies on which she is still continuing. So for requesting a waiver, Do we request it along with her GC application, or Can we do it as a stand alone waiver request and then file for her GC later.

Your help much appreciated... Thnx
-Anil
 
Last edited by a moderator:
) in your case, Israeli citizen's immigration would not be different from anybody else's. You can file I-130 now, but once you get your citizenship, you should transfer her petition into the immediate relatives category. Then she will get her GC within a year or so from the date you get your citizenship.

Or you can wait and after you get your citizenship, you can file I-130 and I-485 at the same time.

2) She cannot file I-485 until she gets a waiver. You can file I-130 before she gets a waiver. There is a good section on J-1 and HRR on this forum, read it.
 
Helo Lucky Mo, and Dr.lha :
A question regarding my situatiuon described above in msg#3.. So If we file the I-130 and also I-765, can we obtain an EAD to continue to live and work in the US while we go thru the process of requesting a waiver and then if HRR waived then apply I-485..... i.e. while HRR decision might be needed for final immigration, is it possible that they will still allow to work based on EAD ??

To refresh my situation above, I am on GC for last 2 yrs, and my wife is currently on F-1 in school and she was on J-1 exchange before that HRR not yet completed...

THnaks for your helps....
 
No. You can't file for EAD on the basis of filing I-130 only, you can only file for it until when you file I-485, which is not until your wife's priority date is current I believe.
 
Dr.lha,
1) But after I-130 approval, can she file for her H-1B ??
2) Can she get her H-1B if the HRR is not completed yet, and if waiting for HRR waiver process/decision ??
 
1) I'm not sure if an approved I-130 affects an H-1B application, I would guess not. BTW she cannot file for an H-1B, an employer needs to file for one for her.

2) No, you need the waiver of the HRR to get an H-1B.
 
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