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F1 married to USC & wants apply for GC.

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.

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Attorney answers 6


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

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 construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


You have to options in this process. Go on, 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; email:; 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.


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: (English) (Spanish)

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


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. Consult with a qualified attorney before making any legal decisions. Gen Kimura, (832) 247-6932.


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 * *


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 attorney to discuss your individual case.