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Green Card for Spouse
- Thread starter sunny1976
- Start date
Originally posted by sunny1976
Hi,
I've got my green card in last year sept 2002 and i recently got married to a F1 student. What is the process to file her a green card. If i file I-130, will she get a work permit soon ?
Any help in regards to this would be much helpful.
Regards,
Avi
No, she will not. There is a huge backlog (several years) for spouses of green card holders to become permanent residents. You can file I-130 but you cannot file for AOS/work permit before the I-130 is approved and PD becomes current. Check the latest visa bulletin for an estimate of backlog.
Your wife will have to maintain proper non-immigrant status at all times. After her studies she should try for H1. Almost all other non-immigrant visa categories have immigrant intent which means that unless the applicant can prove that he/she will be in US only temporarily, her visa application will be rejected. H1 does not require you to prove any such intent.
She can get a work permit (OPT) for 1 year after she graduates.
sunny,
I am in the same situation as you are in. I was reading the newgroups and articles. Do u know what is the process after filing i-130 ? After 3 yrs will she be eligible for a v visa and thus employment authorization? After i-130 is approved, do we just file for i-485 ?
Any info will be helpful.
I am in the same situation as you are in. I was reading the newgroups and articles. Do u know what is the process after filing i-130 ? After 3 yrs will she be eligible for a v visa and thus employment authorization? After i-130 is approved, do we just file for i-485 ?
Any info will be helpful.