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 marrying a PR while on OPT status
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Posted on 04-28-14 1:06 PM     Reply [Subscribe]
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नमस्ते,
मैले मेरो girlfriend जो अहिले OPT status मा छ , उसलाई बिहे गरेमा उसको status मा क change हुन्छ कसैलाई एसको बारेमा ज्ञान भए suggestion दिनु होला. मेरो PR भएको 3 वर्ष जति भयो. K गर्दा उचित होला? कि मेरो citizenship हुने बेला सम्म कुर्दा राम्रो होला? धन्यवाद.
 
Posted on 04-28-14 2:11 PM     [Snapshot: 79]     Reply [Subscribe]
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Follow this link: http://www.uscis.gov/green-card/green-card-through-family/green-card-family-member-permanent-resident . I believe you can file a petition for your wife after you get married.
 
Posted on 04-28-14 2:54 PM     [Snapshot: 134]     Reply [Subscribe]
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Get married file for petiation, wait for approval, make few babies by that time. If you became citizen before approval, update or file new petition . Keep on making baby for some more time, she will get GC eventually , if she is still with u by that time. During this whole baby making time, hold on to her OPT, CPT or community college , whatever is needed. That's all .
 
Posted on 04-28-14 2:57 PM     [Snapshot: 141]     Reply [Subscribe]
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thank you @stylish, but the website doesn't specify the timeframe and anything about immediate change of status. I was looking for more of a suggestion from individuals who have gone that route recently. Thanks!
 
Posted on 04-28-14 7:23 PM     [Snapshot: 266]     Reply [Subscribe]
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Before making baby, look into something called visa bulletin.
 
Posted on 05-02-14 8:36 AM     [Snapshot: 498]     Reply [Subscribe]
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Well it wont change anything for now....you can file I-130 petition for alien relative and wait until the priority date becomes current and file for I-485 for the adjustment of status but remember the person must continue to maintain her status until the filing of I-485. According to the immigration and nationality act a permanent resident cannot file for the adjustment of status for his her alien relative who is out of status. Currently the wait time for F2A category is about 8 months for Nepalese petition so its totally worth it. gud luck
 
Posted on 05-02-14 8:51 AM     [Snapshot: 510]     Reply [Subscribe]
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go ahead marry her and file the petition I-130 for her. National Visa center is processing for F2, married spouse and the children as below, just few month behind. It seems like the Visa number will be available once USCIS approves ( takes about 5 months) and sends the case to NVC,

NVC processing for F2A 08SEP13

http://travel.state.gov/content/visas/english/law-and-policy/bulletin/2014/visa-bulletin-for-may-2014.html

good luck.
 
Posted on 05-02-14 9:50 AM     [Snapshot: 564]     Reply [Subscribe]
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thanks you @ jeffgordon11419 and @tutepani. Your suggestions are very helpful. I appreciate it a lot. Thanks again!

 
Posted on 05-02-14 10:59 AM     [Snapshot: 599]     Reply [Subscribe]
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haha bhetghat.. grow some balls of sense of humor. meraj had already answered your concerns and you were looking for someone to breastfeed oopss.. spoon-feed you.
 
Posted on 05-02-14 12:11 PM     [Snapshot: 656]     Reply [Subscribe]
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@kalikopoi i wanted some serious answers from individuals who had came across that situation. meraj did point out the concern but didn't mention about the timeframe..there is nothing wrong to ask about these matter in details.. and honestly your handlename suggest likewise..
 
Posted on 05-02-14 1:25 PM     [Snapshot: 693]     Reply [Subscribe]
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Learn to overlook on responses: Some people enjoy looking down / demeaning other, you can not join them but you can discard.


 
Posted on 05-05-14 9:07 AM     [Snapshot: 833]     Reply [Subscribe]
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your are right @magorkhe1...if we can't deal with such offense, internet is not the right place..everyone is opinionated and we can do no more than overlook them. Peace and thanks!
 
Posted on 05-05-14 9:59 AM     [Snapshot: 866]     Reply [Subscribe]
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While you run behind timeline and busy making baby, just remember there is nothing called fixed timeline for petition line urs. By the time it is approved , it might swing back and you might end up waiting 5 yrs. so look into visa bulletin and keep making baby :)
 
Posted on 05-05-14 11:30 AM     [Snapshot: 904]     Reply [Subscribe]
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thanks @meraj, that is why i wanted to know from recent applicants to have a better idea if possible.
You are right about the possibilities of petition getting pushed but seems to be less hassle if I have my citizenship.

 
Posted on 05-07-14 11:06 AM     [Snapshot: 1138]     Reply [Subscribe]
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Option 1. Get married file a petition now. Currently it is taking around nine months for I130 to be approved. Once your case is approved you need to check the visa bulletin. Last September the visa was current for spouse of LPR. However, it is unpredictable when it is gonna happen again. So you are looking at around 3 years for your spouse to be adjusted. Remember she needs to maintain her legal status during all that time.

Option 2. Get naturalized. File concurrent petition for your spouse. No need for visa bulletin as immediate family of USC. Even if she is NOT in status at that time as long as she entered with inspection, adjustment should be fine (provided no other issues)

If you file for her now, you can always upgrade to spouse of citizen after your citizenship.


Bandita Sharma- Dahal, Esq
www.philadelphiaimmigration.co
The information provided here is general information ONLY and should not be construed as legal advice and does not constitute an attorney client relation.



 
Posted on 05-15-14 12:44 PM     [Snapshot: 1267]     Reply [Subscribe]
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Thank you @AttorneyBandita, One last question, I understood the process but how long will it take to get an EAD card for her to be get employment. Again, I appreciate your help.
 
Posted on 05-15-14 3:53 PM     [Snapshot: 1337]     Reply [Subscribe]
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No offense my friend - but did you win that permanent residency in lottery?

All the information you looking for is available at www.uscis.gov under 'greencard' category. Take a look!

Good luck!
 
Posted on 05-16-14 10:07 AM     [Snapshot: 1410]     Reply [Subscribe]
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Just filing the petition I-130 doesn't makes anyone eligible for the EAD card .. you must wait until the VISA number to be available that means the specified priority date to be current...... You can file for her EAD I-765 only at the time of filing I-485 (green card) ........therefore it could be 8 months or may be 2 years or 3 years ...whatever time it will take for the visa no to be available.......so there is not much advantage for now....Remember again ur wife must maintain his her status throughout the process for example if she is in F1 status she must continue her studies or try find a job and stay in H1...no matter what she has to be in status.......Therefore conclusion ( No chance of EAD until the filing of I-485). gud luck
 
Posted on 05-18-14 3:07 PM     [Snapshot: 1498]     Reply [Subscribe]
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non taken @casino. I can read and write and am a ME. That is why, I am researching in every possible way. You must be wondering why @sajha, looking for suggestion from other Nepalese folks who have gone that path recently since sometimes uscis.gov or travel.state.gov won't explain fully.
thanks @jeffgordon11419, that's what I was asking for. I appreciate a lot.
 


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