GCholder with wife on F-1

N

Nipster

Registered Users (C)
Hi all,

I've had my GC for 4 years and 3 months. Recently got married to an F-1 student who is currently on practical training. She has a job but her employers are not willing to sponsor for H-1b. Her practical training is ending in another 4 months. Is there any way to keep her in the country after her practical training ends. [Please note that going back to school and getting H-1s from another employer are out of the question for us at this point].

I understand that I can wait until I get my citizenship to apply for her but to be even eligible to apply for my citizenship I have to wait until my 5 years are up. Even after applying for citizenship I hear the wait might be pretty long depending on the service center (in my case it's TX) to get called for the swearing in ceremony, after which point only I can apply for my wife.

So as you can tell, I have considered all of the above mentioned options and
I would like to go ahead and sponsor my wife who is currently in the US while I'm still a green card holder. What are the current wait times for this process so my wife can adjust her status and receive an EAD card? I have heard that the wait times are very slow for Indian citizens (in the order of 4-5 years), but we're Sri Lankan citizens. Any ideas on how long the wait times would be for us? [I got my GC in less than a year through the TX service center, however my Indian colleagues who applied with me are still waiting for their AOS (485) to get approved].

Thanks -Nipster
 
The wait for GC holders sponsoring a spouse is at least 4-5 years for everybody, except Mexicans who wait 7-8 years. See the visa bulletin, family-based category 2A, which shows June 2004.

You can apply for citizenship 6 months from now. You don't have to wait until the full 5 years are up to apply. You can apply 90 days before that, it's just that you can't actually be approved until completing the 5 years.

If she's not going to get another visa, she'll have to leave the country when her current status expires, because she won't be eligible to file the I-485 (because you are not a citizen yet, neither have you waited the 4-5 years since filing an I-130).

If you have more questions about this, ask in the Family Based Green Cards section of the forum.
 
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Like Jackolantern said, your best bet is wait for your citizenship then adjust her status. I am not trying to tell you to violate the immigration law but if you can support her without her working, she could stay here even though her status is expired because it's forgiven if you married USC. As soon as you adjust her status, she could get a new EAD within 90 days average, most 30 days.

Forget about sponsoring her thru your GC because it takes way too long.
 
I just remembered ... there was a regulation that allowed extending the OPT for up to 17 additional months if certain criteria are met. If she qualifies, that would enable her to remain in-status until you become a citizen, as long as she can maintain employment while waiting and your citizenship doesn't take unusually long. However, I don't know if immigrant intent is an issue with that extension (her being married to an LPR would be evidence of immigrant intent).
 
mikew151 said:
Like Jackolantern said, your best bet is wait for your citizenship then adjust her status. I am not trying to tell you to violate the immigration law but if you can support her without her working, she could stay here even though her status is expired because it's forgiven if you married USC.
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However, while she is waiting after her status expires, she would be subject to deportation if ICE catches her. And during naturalization the OP has to list his wife and her status, so her presence won't be a deep secret. If she gets deported, she could be banned from the US for 10 years.
 
she can go for another study program e.g master degree. Get another I-20 and pass time until you become Citizen.
 
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