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Hello,
I am LPR and about to apply for citizenship (end of May will be the 90 days prior of 5 years as a Green Card holder). I always have been legal in US. My wife also has been always legal. She completed her Master degree last year and her OPT is about to expire (she is currently working under the OPT) in May 13th. I understand she has two months after that to leave the country. We were planning to apply to her Green Card by the end of this year after I got my US citizenship. However her application for tranfering her F1 to another school program failed. So there's a period of time that she will be illegal here (July until she got her working authorization at the beginning of the Green Card process). We been married for 2 years now and we will have a baby in May. The situation so it is a little complicated:
- we are afraid of her staying illegal even for less than a year and her Green Card by marrying a US citizen be denied because of that.
- we are afraid to be apart for months and she left the country to avoid being illegal. Our baby we be American and will have problems to stay in our country.
What should we do? If she stays illegal she will have the Green Card denied? Is there a way to extend the OPT or to get her any kind of temp VISA while the Green Card is not completed? Please help.
Thanks
Vincent
I am LPR and about to apply for citizenship (end of May will be the 90 days prior of 5 years as a Green Card holder). I always have been legal in US. My wife also has been always legal. She completed her Master degree last year and her OPT is about to expire (she is currently working under the OPT) in May 13th. I understand she has two months after that to leave the country. We were planning to apply to her Green Card by the end of this year after I got my US citizenship. However her application for tranfering her F1 to another school program failed. So there's a period of time that she will be illegal here (July until she got her working authorization at the beginning of the Green Card process). We been married for 2 years now and we will have a baby in May. The situation so it is a little complicated:
- we are afraid of her staying illegal even for less than a year and her Green Card by marrying a US citizen be denied because of that.
- we are afraid to be apart for months and she left the country to avoid being illegal. Our baby we be American and will have problems to stay in our country.
What should we do? If she stays illegal she will have the Green Card denied? Is there a way to extend the OPT or to get her any kind of temp VISA while the Green Card is not completed? Please help.
Thanks
Vincent
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