F1 married to USC & wants apply for GC.

Asked over 1 year ago - Milwaukee, WI

I came to the US on F1 visa and currently I am on OPT but my F1 visa is expiring this year in August and my OPT card is valid till DEC ' 13.
I have been married to USC since May 2012. Now, I would like to apply for a green card. What documents do I need to apply as we are planning to visit India this year in August. How long will it take to get my green card if i apply for it within this month.

Attorney answers (6)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    13

    Lawyers agree

    Answered . I agree with Atty Behar's excellent answer. Do not travel unless you have been granted an advance parole.

    Please click the link below for additional information.

    ---------
    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
    Board Certified Immigration Attorney (1986 - Present)
    Schedule a Legal Consultation - Know Your Rights!
    600 Wilshire Blvd., Suite 1550
    Los Angeles, CA 90017
    (213) 394-4554 x0
    Web: www.shusterman.com (English)
    www.inmigracion-abogado.com (Spanish)

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . You will need to submit the Adjustment of Status (AOS) package, consisting of some Forms to be signed by your USC spouse and others by yourself.

    By your USC spouse: Form I-130, G-325 A and Affidavit of Support on Form I-864. If USC cannot meet the income requirements him/herself (which, at only 125% of gov.'s "poverty" levels are not much to begin with, around $16K /yr for a household of 2), will then need to get a "co-sponsor" -can be one of the parents.

    Forms to be filled out by yourself: I-485 AOS application; Form G-325A; I-65 Employment Authorization Application: and Form I-131 Advance Parole doc, to enable you to Tavel in and out while AOS is pending.

    You will also need to undergo a green card specific medical exam at one of the USCIS designated "Civil Surgeons" in your area. For a list, consult www.uscis.gov

    You will have your work permit and travel authorization issued within 2-3 months and will be called to the USCIS I televiewers within 4 months or so after having filed the AOS package with the NBC.

    You'll need to bring to the USCIS interview a certified copy of our birth certificate & translation & certification by translator, if only In Hindi.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  3. Stuart D.P. Gilgannon

    Pro

    Contributor Level 11

    2

    Lawyers agree

    Answered . If you are able to file in the immediate future and the petition will be adjudicated in Milwaukee, there is a reasonable chance that the process would be completed in time for traveling in August, but that is only if the process goes very smoothly and encounters very little delay. Even then you are leaving it very close.

    414-758-5245 * www.gilgannonlaw.com * stuart@gilgannonlaw.com
  4. Alexander Joseph Segal

    Contributor Level 20

    3

    Lawyers agree

    Answered . You have to options in this process. Go on www.uscis.gov, read the instructions and try to follow them to the letter, constantly praying you did not commit an error, or hiring an competent immigration attorney and enjoying peace of mind and neet and prompt process. If you decided to do that, look up right here on AVVO. There are many good people to chose from.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  5. Stephen D. Berman

    Contributor Level 20

    1

    Lawyer agrees

    Answered . It takes 90 days to get a travel permit so you may want to file soon. It takes 3 - 6 months to get the green card. You will need proof of your admission, marriage, citizenship of spouse, birth, tax returns, medical, photos, good faith marriage, and other documents.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an... more
  6. Gen Kimura

    Contributor Level 18

    2

    Lawyers agree

    Answered . I agree with my colleagues.

    This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.... more

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