Green Card app or H1B staming dillema

[RiteshSanghvi]

Hi everyone,

My wife got naturalized last week (alas) and will be receiving her passport in a few days. I am on a H1-B visa which needs stamping. We are planning to visit India in April-May. I am confused whether I should get my green card application process started before we go (and get advance parole) or should opt for visa stamping in India before reentry. My concern is that when I go for stamping, knowing that my wife is citizen, consulate may decline to endorse my visa. On the other hand, I am not sure about the time line to apply and receive the advanced parole.
Any suggestion will be of immense help.

Thanks

Ritesh

 

[austriacus]

RiteshSanghvi,

the consulate should not decline your H-1B visa because it is a dual intent visa. But, you can do both (AP is free) to be safe, i.e. apply for AP, take it with you, and also get your visa stamped. Re-enter with the stamped visa. If you get trouble at the consulate, then re-enter on AP. Keep in mind that AP can take 3 months, so you'd already be pushing it to get AP in April-May even if you apply immediately.

If you start the GC process now, your other concern should be not to miss your GC interview, so I'd advise you to hold off until you come back unless you have a pressing need to get the process started already. How long have you been married?