I am an f1 and have been in status since 2010, i am planning to marry my fiancée, who is a permanent resident and will be applying for her citizenship September of next year.
Since your finance is a LPR and not a citizen, you cannot file your green card application at the same time you file your I-130. The work card is connected to the green card application, so you won't be able to apply for your work card through your marriage right away.
However, if you wait to apply until she is a US citizen, you can apply for everything at once and that will include your work card. From the time you file to the time you receive the work card is approximately three months.
It may be worth it to talk to an attorney about the timing and your family's particular situation before you file anything.
This general advice does not create an attorney-client relationship.
You will need to maintain status as you will not be able to get permanent residence until your spouse is a US citizen or your priority date has become current.
You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
Yes you can, when you get a Green Card application filed which will not happen sooner than about 3 years from the point your spouse would have received an approval of the I-130 on your behalf or become a USC, whichever comes first.
NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: email@example.com; Phone: (866) 456-8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.
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