Question about converting from LPR to USC while filing for spouse's LPR

[yashsharma91]

Hi, I am a Lawful Permanent resident and been in the country for ~3.5 years now (all this time I was in LPR status). My fiance and I are getting married in Dec'14 and she is planning on enrolling in school full time from fall (Aug'14) and will graduate in May'16.

 

Given how the job market is, I think it'll greatly help if she has a green card when she graduates. I am from India (so is she) and I doubt if the F2A visa category will progress anytime soon from the Sep'13 cutoff it's at currently (I dont have an F2A petition yet since we're not married yet). I hope to get some clarity around the process on this forum and hoping I get some good insights.

 

Based on my knowledge, I can apply for naturalized citizenship at 5 years with LPR status mark, which will be in Dec'15. Although I am not sure at what point I can begin the process and how much time it takes to fully get the processing done, before I can apply for my wife's (then) green card in the IR category instead of the F2A category. I've heard varying information thus far, ranging from starting the naturalization process at 4 year mark, or 4.5 years or 4 years and 9 month mark...and so on

 

Can anyone shed some light on this? Or provide insights on how the process could work for me? I got my LPR a while back, but have only been in US since Dec'10, so I wish to know when can I apply for becoming a US citizen, get my citizenship, apply for my wife's green card/PR in immediate relative category and when does she get it? any idea on how the steps might work (any chances of simultaneous filing at any of these steps?) and associated times with them would be of great help. Please help out! Thanks.

[JoeF]

You become eligible after 5 years of being an LPR, if you fulfill the requirements listed on the USCIS website (continuous residence, physical presence, etc.) You can apply for naturalization up to 90 days before the 5-year mark. Apply even one day earlier, and the case will get denied.

If you got your GC between the ages of 18 and 25 (inclusive), I hope you registered for Selective Services.

[t75]

The instructions for filing for naturalization are on the USCIS website. If you do not understand them, engage an attorney to assist you. You can begin at 5 years minus 90 days.

 

You may file for you wife as an LPR and upgrade after you naturalize.  The time varies on location and the workload at the time. It may be very quick or over a year to complete the naturalization process though the oath. (My personal point of reference is several years old , but it too over a year from filing to oath. I did not ask about the last timing of other family member.)

 

It is funny that you as an LPR admit that the job market in the US is bad yet companies want to import more H1B workers to compete with LPRs and USCs.

[yashsharma91]

Thanks for the information guys, this is very helpful. Reading the USCIS website did give me some information but since I was reading about a couple of different things (naturalization, oath, F2A, IR1, etc) I couldnt understand if I could simultaneously file or concurrently fill out any of the forms. Any ideas on this? Can I file for my wife's LPR petition in IR category after filing for naturalization or before oath (as you said getting the date/processing could take upto a year). Just trying to figure out if concurrent filing (if allowed) can shave off some time here...

 

 

And yes, to your point, I do think the job market is not super good but it is definitely improving but given the bleak financial outlook for the next couple of years, I am trying to protect my fiance from a case where the market goes further south, so she's still able to stay for a couple of months and look for a job after grad school.

[t75]

If you are unable to understand the process, consult an attorney for personal help. If you are low income, there are social service agencies that will assist you with fees based on income.

[t75]

As for the job market - welcome to the USA. Even born USCs cannot get jobs when they graduate, and they cannot generally go "home" to get a job since they are already there.