Please help about greencard application

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yenal

Registered Users (C)
My wife will attend the citizenship interview on August. If we apply for my greencard now, can we change the status of that application later to a citizen application? Will this make the process any faster? I am on F1 visa, if we apply now can I leave the country and then come back?

Thanks in advance.
 
Those topics helped a lot but I feel that if I apply now it will take longer than the other method. Because there is some time needed to update the status of the case. I am in a rush because I will graduate at the end of this year and I will not be able to apply for OPT since my status will change. Currently I am working with CPT. Will I lose my CPT when we submit my application?
 
your status will not change, and you will be able to apply for OPT whether I-130 is filed on your behalf or not. You will not lose your CPT. I had 10 years on F-1, with CPT, and OPT and I-130 and AOS filed during OPT. Your F-1 status is not invalidated by even filing AOS, if you choose to maintain F-1. However, if I-130 is filed for you, you may find it very difficult to get a non-immigrant visa, should you leave the States.

Filing I-130 alone doesn't offier you any status and it doesn't change your existing status.
 
I am maybe repeating things but I just want to confirm. Here is what I plan to do:
1 - Apply for I130 asap.
2 - Update my status and apply for I485 (probably around september when my wife becomes a citizen)
3 - I can still apply for OPT to be on the safeside??

One more question:
If I go back to my country after I apply for I-130, will I have any problems getting back?

Thanks.
 
1 - Apply for I130 asap.
2 - Update my status and apply for I485 (probably around september when my wife becomes a citizen)
3 - I can still apply for OPT to be on the safeside??
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sounds good and yes, you can apply for OPT


One more question:
If I go back to my country after I apply for I-130, will I have any problems getting back?
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yes, you will most likely not be able to come back on a non-immigrant visa.
 
That's not very good news for me. Because me an my wife were planning to go to my country to see my parents. What if I do not apply and go back to my country with F1 (but they may know that I am married to a US citizen since they will prolly ask that in the citizenship interview), can I still have any problems. Sorry about lots of questions. Thanks for everything.
 
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yenal said:
I think an undergrad + opt + masters + opt may very well be 10 years.
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exactly. :)

So, about your OPT - I reread your posts and realized that you are planning to apply for OPT after you apply for AOS. No need to do that. Your AOS application will include fees for AOS EAD. There is no reason to get two EADs - just get the AOS EAD.
You can file I-130 now, then I-485+i-765 when your wife becomes a citizen.

Or you can wait till your wife becomes a citizen to file both together.

If you file I-130 now, you will save a bit of money, since prices for AOS and I-130 are going up on July 30. THat's why I filed my I-130 first, separately from AOS (several months later, after I got my HRR waiver).
 
yenal said:
That's not very good news for me. Because me an my wife were planning to go to my country to see my parents. What if I do not apply and go back to my country with F1 (but they may know that I am married to a US citizen since they will prolly ask that in the citizenship interview), can I still have any problems. Sorry about lots of questions. Thanks for everything.
Click to expand...

It's never a good idea to try to get a new non-immigrant visa or try to reenter with a non-immigrant visa when your spouse is USC or LPR.
Just wait till you apply for AOS and an advance parole, and travel with AOS advance parole.

And you don't need to update your status first - when your wife has her naturalization certificate, just file I-485 witha copy of notice of receipt for I-130 and a copy of her naturalization certificate + a cover letter.
 
LucyMO said:
It's never a good idea to try to get a new non-immigrant visa or try to reenter with a non-immigrant visa when your spouse is USC or LPR.
.
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Why is that? i have always been curious about this. What say USCIS?

LEt me try and answer myself? A person's prior immigrant application is an indication that they might violate their non-immigrant visa?
 
So even if I do not apply for anything I am still under risk. This sucks. Thanks so much for the information.
 
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