Hi team, I am born, live, and work in India, married to a U.S. citizen living and working in New Jersey. Should I apply for the green card from India or go to the U.S. on an F-1 visa, get my Master’s, and apply for the green card while there and get a work permit? If I apply for a green card from India now as a safety net, can I again apply for the green card after coming to the US on an F-1 visa in case I get a good master’s admission? Given that the sponsor (my spouse) hasn’t changed, can we override the previous application?
Also, is it possible for me to go to the US on a dependent visa (I work remotely, so it’s not a problem) for 2 weeks, apply for a green card there, then fly back to India? What other venues are we missing?
Answers
Bernard P Wolfsdorf
EB-5 Immigration attorneysIf you married to a US citizen who is a resident of your home district, she might be eligible to file with the local consulate but she also has to show US docile and an intent to move plus be eligible to file the I-864 affidavit of support. Your spouse can also file the petition with USCIS in the US. F-1 visa is not a viable option.
Tony W. Wong
EB-5 Immigration attorneysYour spouse can file I-130 for you and you will go through the U.S. Consulate procedures to get your immigrant visa at the U.S. Consulate. If you can get a F-1 visa, then you can concurrently submit your I-485 with your spouse's I-130 in the U.S. so that you can adjust your status in the U.S. for your permanent resident. When you file your I-485, you can also apply for a working permit and advance parole allowing you to work in the U.S. and travel. I don't really understand what your dependent visa means. Basically, you have two options, one is for the U.S. Consulate process to get your immigrant visa in India, or coming to the U.S. under your F-1 visa and you file I-485 to adjust your status in the U.S. One thing you must bear in mind that if you come in the U.S. under your F-1 visa, your intent to enter the U.S. must be for study.
Lynne Feldman
EB-5 Immigration attorneysYou can start your I-130 now while in India. If you later come to the U.S. in a nonimmigrant status such as an F-1 you can then file the I-485 with the I-130 receipt to adjust status.
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