I-130 & G-325A Procedure

T

trived3

Registered Users (C)
Hi All,
I'm in the process of becoming a USC. Currently awaiting for my interview letter.

I've two questions about applying permanent residency for my spouse who is on F-1 Status. OPT starts from October 2009 and will be valid till October 2010.

1. Can I apply I-130 & G-325A for my spose before I become USC to speed up the
process.
Is the USCIS process time the same if i apply I-130 with my green card status
or is it faster if i apply with citizenship status.

2. If I can apply now, do i've to send any additional information for this I-130
application (like an amendment or something) once I become USC

I understand that I-485, I-693, I-864, I-131, & I-765 can all be applied together and the process time is much faster once I become USC since we dont have to wait for a VISA number.

Also, how about I-693 medical exam. My wife took all the immunization shots and done her TB testing (X-Ray taken) on arrival to the US on F-1 status in Oct 2006. Does this hold good or do we have to get it done again.

Please advice. Really appreciate it.
Best Regards
 
1. It won't speed up the process at all. If she is on a visa, wait until you are a USC.
2...you know the answer.

Medical examinations are only valid for 12 months.... She will need to get the test done again.. and if vaccinations are expired get them also!

Good Luck!
 
Wait till you become USC, keep your paperwork ready (vaccinations, photocopies etc etc.), believe me there is a lot of paperwork. File after you get your USC.
 
Thanks a lot for your replies. I'll wait till i get my US citizenship before applying for her I-130.

Could you answer couple of more questions.

1. Like i said her OPT starts on 26 Oct 2009 and has validity till 25 Oct 2010. Heard that according to the new rules she has to get a job within 3 months of the OPT start day to be in status. Is it true about the 3 month deadline since it was not the case when i went to school and took my OPT.

2. Will she be in status if i apply for her I-130 and I-485 before the 3 month deadline for OPT. heard that the OPT will be cancelled as soon as I apply for her 485. Is it true.
 
1. yes there is a 3 month out of status rule for non-employment. This is a new rule from April 2008.

2. yes, the F1/OPT gets canceled once you apply for AOS. You can apply for her ONLY after your oath date (i.e., after you get your naturalization certificate). Also, if you apply now for AOS (based on your LPR) she has to maintain her status. So that is a moot point. So the best way for her to remain in status is to (a) find a job or (b) you file for her AOS petition before the 90 day period is over as a US citizen.

I don't know the ramifications of her being out of status for a few days under the 90-day rule. I think it will be *forgiven* if your marriage is bona fide. This is my understanding on overstay. Based on what I have read here (on other threads) and elsewhere, overstay is generally pardoned, if the marriage is real. You maybe better off consulting a lawyer or someone else on this board can provide more insights.
 
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