Green card advice

[parsamkk]

Dear Sir or Madam,
I need a little immigration advice and I hope you can help me out.
Here is my situation.
I am 29 year old, unmarried, F-1 student visa holder. I have been on F-1 for almost 9 years. My mother and father just become US citizens and would like to sponsor me for a green card.
My questions is can I work and stay legally in the US in the near feature (what will be the approximate timeline) if I do not keep F-1 status (can I use forms I-765, I-131 and when). I checked on the USCIC site that the wait period for a green card application in my case will be 4 years. Is that true?
The other part of the question is that I have a fiancé that is neither a US citizen nor a green card holder; she is a F-1 holders as well. What is the best move to help her work and stay in the US in the shortest timeline? When will be the best time to marry her?

Also I have a question a part from the above. If I become an O visa (I know I can) holder can I have multiple employers? Can I prepare the O visa documentation by myself and where can I find help on the web?
I really appreciate your help in the difficult decisions.
Sincerely,
Parsamian@hotmail.com

 

[ari4u]

Dear Sir or Madam,
I need a little immigration advice and I hope you can help me out.
Here is my situation.
I am 29 year old, unmarried, F-1 student visa holder. I have been on F-1 for almost 9 years. My mother and father just become US citizens and would like to sponsor me for a green card.
My questions is can I work and stay legally in the US in the near feature (what will be the approximate timeline) if I do not keep F-1 status (can I use forms I-765, I-131 and when). I checked on the USCIC site that the wait period for a green card application in my case will be 4 years. Is that true?
The other part of the question is that I have a fiancé that is neither a US citizen nor a green card holder; she is a F-1 holders as well. What is the best move to help her work and stay in the US in the shortest timeline? When will be the best time to marry her?

Also I have a question a part from the above. If I become an O visa (I know I can) holder can I have multiple employers? Can I prepare the O visa documentation by myself and where can I find help on the web?
I really appreciate your help in the difficult decisions.
Sincerely,
Parsamian@hotmail.com

Your parents could file an immigrant petition for you now. At this point, they can only file I-130 because you dont classify as an immediate relative of a USC. So you have to maintain valid legal status on your own till the I-130 gets approved. You can maintain legal status by getting a H1B visa. This way you can get married and your wife could change to H4 or get a H1 on her own.

You can apply for I-765 and I-131 only when you apply for I-485, and that would happen only after your I-130 gets approved.

Information on O visa
http://www.immigration.com/faq/ovisa.html

 

[parsamkk]

Hello,
Thanks for the response. I assume that after I and my wife stay on H1b visa we both will have a green card (can she also apply and what for should she use?) What is the wait time for all of this? How long until I ( or me and my wife )can apply for the i-485 ?
Thanks again for your advice !!!

 

[ari4u]

Hello,
Thanks for the response. I assume that after I and my wife stay on H1b visa we both will have a green card (can she also apply and what for should she use?) What is the wait time for all of this? How long until I ( or me and my wife )can apply for the i-485 ?
Thanks again for your advice !!!

In your case, the time taken for your I-130 to be approved is pretty long (atleast 4 years if you remain single and 7 years if you are married) depending on your country of origin. Look here

http://travel.state.gov/visa/frvi/bulletin/bulletin_2084.html.
You have to maintain legal status on your own till the I-130 is approved. You and your wife can apply for I-485 only after your I-130 is approved.

 

[GotPR?]

You have to maintain legal status on your own till the I-130 is approved. You and your wife can apply for I-485 only after your I-130 is approved.

I thought they need to maintain legal status untill I485 is filed(to be AOS pending), not till I130 to be approved. I130 might be approved earlier
but they have to wait for I485 filing til PD becomes current.

 

[ari4u]

I thought they need to maintain legal status untill I485 is filed(to be AOS pending), not till I130 to be approved. I130 might be approved earlier
but they have to wait for I485 filing til PD becomes current.

Thats correct. They are eligible to file I-485 only after I-130 is approved and PD is current.