QUESTION
Should I file I130 for my F-1/Opt wife now or wait until my citizenship comes through?
Asked on Oct 14th, 2012 on Immigration - New York
More details to this question:
My wife and I got married around three months ago. She is currently on F1 optional practical training. I am a Legal Permanent Resident filing N-400 in one and a half months.
4 ANSWERS
It is probably best to wait until you are actually a US citizen as the process will be faster that way. Filing now and then upgrading to an immediate relative petition once you are a US citizen will not really be any faster.
Answered on Oct 17th, 2012 at 1:06 PM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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Wait until you become a US citizen. Doesn't make sense to file otherwise. Just delaying the process. It will be a 3 month process from start to finish if done right.
Answered on Oct 17th, 2012 at 12:51 PM
If your wife can maintain her F-1 status, file for her when you became a citizen. Then she can file her I-485 at the same time. You can file now and convert your I-130 when you became a citizen. Your wife should maintain a low profile if she becomes out of status before she can file her I-485.
Answered on Oct 16th, 2012 at 8:40 PM
Litigation Attorney serving Pearl River, NY
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Law Office of Bijal Jani
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As long as her OPT will be extended long enough so that her legal status is not jeopardized, it makes more sense for you to become a US citizen and then file for her so it's faster processing. However, if her OPT is expiring within the next couple of months, you should file the I-130 as a permanent resident, then upgrade the file once you become a US citizen.
Answered on Oct 16th, 2012 at 8:39 PM