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How long will it take to receive a temporary green card after filing I-485/I-130?

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  • How long will it take to receive a temporary green card after filing I-485/I-130?

    Hi folks, thank you in advance for any advice you can offer in regards to my currently dilemma. I'm a US citizen, and I recently married my wife in the US. She is a F-1 visa holder, and her F-1 visa is good for another 2 years, while her entry visa will be expiring in November. We were planning to leave the US together early December (roughly 3 month from now) for our wedding and honeymoon, and we just realized now that she will be unable to re-enter under her F-1 visa due to our marriage. As a result, we are scrambling to submit I-130 and I-485, hoping that she will get a temporary travel document in time for travel. Here are a few questions that we desperately need answers for:

    1. Is there a good chance that we will be able to get my wife a temporary green card (or some kind of travel authorization) in time for our early December departure (3 month from now)?
    2. If my wife leaves the US while her I-130 and I-485 are still being processed, is there a way for her to come back to the US without penalty?
    3. Although my wife's F-1 visa is currently good for 2 more years, can she apply for an entry visa while her I-130 and I-485 are being processed?
    4. Can we do anything to expedite the processing of my wife's I-130 and I-485?

    We will be very grateful for any tips and advice you may offer

  • #2
    1. You can file form I-131 in order to obtain an Advanced Parole Document (AP), which will allow her to enter the US again if you have an I-485 pending. You can file the I-131 along with the I-130 and I-485. The processing time is around three months.

    2. She will be able to enter only if she has an approved AP.

    3. Are you referring to the I-20 that is valid for another two years? Once you submit the I-485 she goes into pending status so she won’t be able to enter again in F1 status. If she leaves the country she will need an AP in order to keep the I-485 application “alive”. Otherwise it will be considered abandoned.

    4. Probably not. The processing time seems to be around five months.

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    • #3
      Good reply from Wavedom.

      In order to keep your I-485 live, you must travel only on AP (AKA: Advanced Parole or Travel document).
      Once you submit, and your FP done it will take upto 3 months from the date of submission.
      So Plan Ahead.

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      • #4
        Hey folks, thank you so much for your advice!!

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        • #5
          Found this great post, which already gave me some idea. But I had a question regarding temporary green card (AKA conditional resident card).

          How long would it take to get the temporary green card if a Permanent Resident applied for his wife (who is on F-1 student visa) while in the US?

          Thanks in advance.

          Comment

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