Green Card marrying F1

[antar45]

Hi All,

I got my GC one year back. I got married here in the US about 6 months after I got my GC. My wife's status is in OPT since she graduated recently. I was so ready to apply for here GC but I missed the golden opportunity when the Current date was less than 8 months. I am so confused now what shall I do? My question is, if I apply for her how long will it take to get her EAD?

Thanks in advance for your help!

 

[Jackolantern]

My question is, if I apply for her how long will it take to get her EAD?

Unless there is another massive forward movement in the 2nd preference category, she won't be eligible for EAD based on your petition for 3-5 years. She'll have to leave the US when her OPT expires, unless she gets another status like H1B.

 

[antar45]

She'll have to leave the US when her OPT expires, unless she gets another status like H1B.

Hi Jackolantern,

Thanks for your help!

In that case, I think I should apply her petition now and have her finish her OPT, then change her status to H1B if she gets a job that will sponsor H1B or have her go back to school and maintain F1 until everything's fine. Do you think that's a good idea? How does a travel document (I-131) works in the scenario where she will end up going back to school with F1?

 

[Jackolantern]

Go ahead and file the I-130 now. But she is not eligible for I-485, I-131, or any other adjustment-related benefits until they reach her priority date 3-5 years from now or you become a citizen.

If she travels abroad, she runs the risk of being refused entry with an F1 visa, because she is married to a permanent resident. So if she manages to extend her F1 status for another degree, she's basically stuck inside the US for years. However if she gets H1B she can travel back and forth because H1B allows for immigrant intent.