Hello,

My wife and I RECENTLY filed for I-130 after dating for 3 yrs or so. I am not a US citizen while she is. My question is HOW long does it take to get the Green card OR how long before I get the proper paper work so maybe I can visit my family overseas? Also, I came in as a student F1 but been out of status few years. Does this mean I CAN NOT leave US until I get my Green card. EVEN with ADVANCED PAROLE? Also, is there a temporary green card and permanet? What is the difference and processing times?

Thanks in advance for all your help and guidance.

As you filed for I-130 and have you applied for I-485? As you got married with US citizen and you will get conditional green card first. And you wouldn't be able to apply for Travel Authorization cuz you are not in status right now. After getting conditional greencard then you will get the permanet green card within a year. If you get married then they give conditional and then permanent green card. When you will get the conditional green card they will gave a seal on your passport that will authorized you to travel and work you in US legally. Have you applied for work authorization?

Rajput,

I just got a lawyer and he asked me to fill out I130 not sure about 485 but I have provided him with copies of all the neccessary documents such as Passports, visas, marriage certificate etc. So have NO clue honestly on the 485. How long does it take to get the CONDITIONAL GC? Is that AFTER the INS interview or BEFORE? How long for the permanent Green card?

Once again thank you.

According to my knowledge you have to have apply I-485. Cuz I-130 is for changeing your status but I-485 is for your main green card process. It takes about 12/14 months to get the first call for your conditional interview. after getting the conditional interview then within a yr you will get call for permanent interview. To apply i-485 you need to submit your passport copy, visa copy, your birth certificate, your wife's birth certificate, your wife's driver's lisence with I-485.
Then INS will ask you for I-864. Which is for your sponsorship papers. you have to submit last three yrs tax returns papers and W-2 forms of your wife. Current job letter from the employer and bank statement.
try to get all the papers into both name...like your apartment lease paper, bank account, electric bills, phone bills, credit card bills into join name.

What is the initial interview? I mean I thought there was only one main interview involved with INS? There are TWO interviews? How long before the passport gets stamped so I can travel?

Thanks

Its gonna take like 12/14 months for your first interview for conditional green card.

If someone can clear this up for me, so there are TWO interview one for conditional GC and one for permanent? Are the interviews the same?

Also, how long does it take to get the work authorization and passport stamped so I can travel? Considering I am working now but without papers it is recommended that I stop working until I have my papers in order? Thanks a bunch.

first of all, you apply for green card, and then you apply for work permit, then you will have to wait 12 to 14 months to be called for the interview to make sure that you are marrige is serious and not for GC only.
After 2 years exact of the first interview, you will be either called for the 2nd interview or just you will send them proves that you are still married, like joint accounts of "bank,car & health insurance, mortgage or rent, cars, retirement plans, etc..." things that prove you are married in good faith.

Traveling overseas: The only way you can travel overseas is , if you have an emergency, like family sick. you can then apply for a permet to travel which took me at the time 2 or 3 days with up to 6 months with few entries. if you don't have the permet, then you won't be able to get back in. I hopoe this helps.

Thanks for your reply. In my situation, since I came in as a student and been out of status several years, I guess I can't get a travel permit? Also, i have heard if your I-94 has DS (Duration of Stay) stamped on it then "TECHNICALLY" you are NOT out of status. Something i read and heard from diff. immigration folks.

All, thanks for your feed back so far. It helps a LOT.

I would suggest getting details from your attorney as well. How much is he charging by the way?>

Westside,

The general process to changing your status, given your situation, is to file with INS the whole I-485 "package". This I485 "package" is a whole bunch of papers that you and your wife will need to fill out. It is a major step to rectify your being out of status. You can find what you need to file by going to INS' website, and downloading forms.

According to their site, you will need to file these forms.. I-485 (adj. status), I-765 (Empl. auth.), G-325(Bio. info.), I-130 (Petition), I-864 (aff. of support), and a Medical Examination form.

It would be ideal if you can file all these forms AT THE SAME TIME to make your filings simple. Since you already filed I-130, you'll still have to file the rest anyway.

Considering you've already found a lawyer, has your lawyer recommend you file the I485 package? I find it odd, and you should too, if your lawyer hasn't recommended you to do this as this is generally the filing route to take given your circumstance.

All in all, the general idea is that once you are able to file all these, and once posted and received by the INS, an appointment for interview will be needed (wait time can vary greatly, but generally 10-14 months). When you pass the interview, INS will give you a conditional Green Card. This doesn't mean you are free to travel, but you can apply for Advanced Parole, which allows you to do so. You may also be required to get a 2nd interview to get your Conditional GC status removed, but you must file to get this Condition removed. You must file this removal of conditions within 90 days before the 2nd year anniversary of the interview. If you lapse, then your Green Card status may be in jeapordy.

Good luck and if I were you, do a little more research on how/what you can do given your situation and find out what your lawyer recommends. If your lawyer will simply file your I-130 for you and won't recommend and explain what else you need to do, then I highly suggest you go find another lawyer who won't see you as something to line his pocketbook.

Ask your lawyer about 485..

as far as travelling...do what they say: wait. You overstayed so you might not be allowed back in. AP is not a guarantee to be allowed back in!

Advance Parole allows you to travel while your adjustment of status (I-485) is pending, but as Marie says, check with a lawyer about the consequences of leaving given your specific situation. Once you receive your conditional green card, or even the I-551 stamp in your passport, you are free to travel.

Again, check with a lawyer, but I'm pretty sure that if you came on a student visa but were NOT enrolled in full-time study or optional practical training, you were out of status, except for a short grace period after the end of your studies.

I see what you gys are saying. It seems like it is not recommended to travel without a conditional or permanent GC. Correct? How long does it take to get a conditional GC? approximately? Also, from the time you recieve your conditional GC, how long does it take to get a permanent GC and then US citizenship? What are the requiremenets to get a US citizenship after getting a GC?

Once again. THANK YOU ALL>>

It depends on where you are but typically about 1 year to 18 months to get your conditional green card.

After that you'll have to remove the conditions of your green card before it expires, 2 years after you receive permanent residency.
1 year after that you can apply for citizenship as long as you're still married.

To reiterate what Marie says, how long it takes to get conditional GC and all that depends. We can't really tell you approximately how long it will take you to get your conditional GC, application for removal of the conditions and when you can apply for citizenship. It all depends on when you file.

If you want a general idea of how long it takes you, take a look at the "Processing time" link provided at this web page. Firstly, you will have to know which Service Center you have to file your I485 package. Once you know which service center you have to file, the service center will tell you what dates of the various application forms they are processing. All of the service centers pretty much have different processing times, some shorter, some longer. You really have no choice if you want to file at a Service Center with shorter/recent dates because it all depends where you live. The only way I can think of if you want to have a faster process is if you move to a state where the Service Center have jurisdiction over.

From your original question, if you really want to travel and come back safely, it is a good idea to not travel abroad until you get your unconditional GC. You might also keep this in mind that I hear that may benefit you: If your interview date is after your 2nd yr. marriage anniversary, and if you pass the interview, you will be granted an Unconditional GC. But if your interview is before your 2nd yr marriage anniversary, then you will be given a conditional GC (if you pass it of course). If you get a conditional, then you have no choice but to wait and file to get the conditions removed.

All in all, just because once you're granted a conditional GC and get Advanced parole doesn't mean you won't be able to come back, it depends on Advance Parole restrictions. You should look into the limitations of Advanced Parole and assess the risk yourself, and of course what your lawyer recommends. Since you're already working with a lawyer, its best to seek all of your answers from your lawyer. Your lawyer is the one who knows the laws and can give you a better idea of what needs to be done and how long it may take.

Good luck.

I agree with rams except on one point. Once you get your conditional green card, you can travel safely out of the country. You don't have to wait until you get the 10 year one.

You can travel with an AP if you haven't overstayed your visa to begin with. Say you came on the VWP and you didn't overstay, you got married and then filed your paperwork, it's safe to say that you could travel on an AP without any problem.
But if you did overstay by180 days or more, you could be subject to the 3/10 year ban if you leave the country and they may not let you back in

Oops, Marie is right concerning the Advanced Parole and how it may affect your status. I was too engrossed with the inquiry I wasn't being objective enough. Just remember there are risks in your case simply because you have overstayed.