Posted by: SuperSixNine October 18, 2012
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@Deported:
if your wife is a Green Card Holder (not yet a US Citizen) and is filling for you as spouse (immediate relative category), you will have to maintain your legal status as long as your application/file is in process. For this matter, which is to maintain status, you might have to back to school after your OPT expires. You can always check the processing time for such types of cases thru USCIS website to get an idea of how long it might take for your case to get approved.
With your wife being a GC holder, you can only file I-130 first and when this gets approved, then can file for I-485, Application for Adjustment of Status (for Green Card). You can also file I-130 from Nepal but this takes longer and can come with some hassles for you. So, best to file it from the US. But again you to maintain a legal status while your file is in process.
If your wife was a US Citizen, you could file I-130 and I-485 together (as an immediate relative)
Hope this helps! Good Luck!
if your wife is a Green Card Holder (not yet a US Citizen) and is filling for you as spouse (immediate relative category), you will have to maintain your legal status as long as your application/file is in process. For this matter, which is to maintain status, you might have to back to school after your OPT expires. You can always check the processing time for such types of cases thru USCIS website to get an idea of how long it might take for your case to get approved.
With your wife being a GC holder, you can only file I-130 first and when this gets approved, then can file for I-485, Application for Adjustment of Status (for Green Card). You can also file I-130 from Nepal but this takes longer and can come with some hassles for you. So, best to file it from the US. But again you to maintain a legal status while your file is in process.
If your wife was a US Citizen, you could file I-130 and I-485 together (as an immediate relative)
Hope this helps! Good Luck!