B2 to Green Card

[anantya]

Hi,

I am currently on a visitor visa. My visa expires July 2012.

I got married to a Permanent Resident in an Indian ceremony here in the US a few weeks ago. My husband is waiting for the citizenship oath ceremony to be scheduled. We have not applied for a marriage certificate yet.

I am hoping to be in India in end of August 2012 for an important ceremony.

In a scenario where my husband's oath ceremony is scheduled mid June, and he applies for a green card for me soon after, how long would it be before:

a. I receive a green card.

b. I receive permission to work. I understand one is eligible to start working even before the green card is received.

c. I am able to travel. I understand for a certain period of time after an application for a green card, there are restrictions on travel.

d. If I extend my visitor visa and leave mid August to India, is there a chance I will be stuck there indefinitely until I receive the green card.

Thank you for your time.

A

[JoeF]

Your husband can file an I-130 and you can file an I-485 at the same time as soon as he has spoken the oath (meaning, he can file right after the oath ceremony ends.)

You should file EAD and AP together with the I-485. Don't travel until you have the AP in hand, because if you travel before that, the I-485 is considered abandoned.

The processing time of the I-485 is usually 6-8 months for immediate relatives.

[anantya]

Thanks Joe.

How long does it usually take to get the AP? (Or is the time to get the AP the same as processing time for I-485). Please confirm.

Best,

A