out of status question
Jan 15th 2003, 3:26 am
#1
Guest
Posts: n/a
out of status question
My wife and I were married during her stay with a valid visa. We were
married on December 6th, 2002, and her visa expired on Dec 27th. We
mailed our I-130, I-485, etc on January 2, 2003. We were under the
impression that this was fine, since we were married while her visa
was valid. Since then, we have heard that since she was out of status
when the forms were filed, we have to wait until the I-130 is approved
before we can file the I-485. As a side effect, this means that she
can't get an EAD until the 485 is pending?
Also, the receipt for the I-130 shows that processing times are
currently 500-600 DAYS! So she cannot get a (legal) job for almost 2
years!
Another question - if we have the option to mail the I-485 now, or to
submit it in person on the 19th of February, which would be the best
idea? We are hoping that the form could get processed somehow.
The most important thing to us (especially to her!) is that she can
work ASAP. Does anyone have advice in this matter?
Thank you
Russ
married on December 6th, 2002, and her visa expired on Dec 27th. We
mailed our I-130, I-485, etc on January 2, 2003. We were under the
impression that this was fine, since we were married while her visa
was valid. Since then, we have heard that since she was out of status
when the forms were filed, we have to wait until the I-130 is approved
before we can file the I-485. As a side effect, this means that she
can't get an EAD until the 485 is pending?
Also, the receipt for the I-130 shows that processing times are
currently 500-600 DAYS! So she cannot get a (legal) job for almost 2
years!
Another question - if we have the option to mail the I-485 now, or to
submit it in person on the 19th of February, which would be the best
idea? We are hoping that the form could get processed somehow.
The most important thing to us (especially to her!) is that she can
work ASAP. Does anyone have advice in this matter?
Thank you
Russ
Jan 16th 2003, 4:56 am
#2
Guest
Posts: n/a
Re: out of status question
I'm not a lawyer but I recently went through the I-485 and I-130 and
EAD application (I am a French citizen on a valid H1-B and married my
USC boyfriend on Dec 18 and sent the application of Dec 30). When you
are married to a USC you do not need to wait for the I-130 to be
approved in order to get a "head start" on the I-485. If you mailed
all 3 forms together then you should be fine, your wife should not
really be out of status. Depending on where you filed getting the EAD
is just a matter of 2-3 months if you filed it at the same time as the
I-130 and I-485 (at least that's what I've heard for New York and I
hope it's faster than that too!!!).
[email protected] (Russ) wrote in message news:...
> My wife and I were married during her stay with a valid visa. We were
> married on December 6th, 2002, and her visa expired on Dec 27th. We
> mailed our I-130, I-485, etc on January 2, 2003. We were under the
> impression that this was fine, since we were married while her visa
> was valid. Since then, we have heard that since she was out of status
> when the forms were filed, we have to wait until the I-130 is approved
> before we can file the I-485. As a side effect, this means that she
> can't get an EAD until the 485 is pending?
>
> Also, the receipt for the I-130 shows that processing times are
> currently 500-600 DAYS! So she cannot get a (legal) job for almost 2
> years!
>
> Another question - if we have the option to mail the I-485 now, or to
> submit it in person on the 19th of February, which would be the best
> idea? We are hoping that the form could get processed somehow.
>
> The most important thing to us (especially to her!) is that she can
> work ASAP. Does anyone have advice in this matter?
>
> Thank you
> Russ
EAD application (I am a French citizen on a valid H1-B and married my
USC boyfriend on Dec 18 and sent the application of Dec 30). When you
are married to a USC you do not need to wait for the I-130 to be
approved in order to get a "head start" on the I-485. If you mailed
all 3 forms together then you should be fine, your wife should not
really be out of status. Depending on where you filed getting the EAD
is just a matter of 2-3 months if you filed it at the same time as the
I-130 and I-485 (at least that's what I've heard for New York and I
hope it's faster than that too!!!).
[email protected] (Russ) wrote in message news:...
> My wife and I were married during her stay with a valid visa. We were
> married on December 6th, 2002, and her visa expired on Dec 27th. We
> mailed our I-130, I-485, etc on January 2, 2003. We were under the
> impression that this was fine, since we were married while her visa
> was valid. Since then, we have heard that since she was out of status
> when the forms were filed, we have to wait until the I-130 is approved
> before we can file the I-485. As a side effect, this means that she
> can't get an EAD until the 485 is pending?
>
> Also, the receipt for the I-130 shows that processing times are
> currently 500-600 DAYS! So she cannot get a (legal) job for almost 2
> years!
>
> Another question - if we have the option to mail the I-485 now, or to
> submit it in person on the 19th of February, which would be the best
> idea? We are hoping that the form could get processed somehow.
>
> The most important thing to us (especially to her!) is that she can
> work ASAP. Does anyone have advice in this matter?
>
> Thank you
> Russ
Jan 16th 2003, 6:05 am
#3
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: out of status question
Originally posted by Russ
My wife and I were married during her stay with a valid visa. We were
married on December 6th, 2002, and her visa expired on Dec 27th. We
mailed our I-130, I-485, etc on January 2, 2003. We were under the
impression that this was fine, since we were married while her visa
was valid. Since then, we have heard that since she was out of status
when the forms were filed, we have to wait until the I-130 is approved
before we can file the I-485. As a side effect, this means that she
can't get an EAD until the 485 is pending?
Also, the receipt for the I-130 shows that processing times are
currently 500-600 DAYS! So she cannot get a (legal) job for almost 2
years!
Another question - if we have the option to mail the I-485 now, or to
submit it in person on the 19th of February, which would be the best
idea? We are hoping that the form could get processed somehow.
The most important thing to us (especially to her!) is that she can
work ASAP. Does anyone have advice in this matter?
Thank you
Russ
My wife and I were married during her stay with a valid visa. We were
married on December 6th, 2002, and her visa expired on Dec 27th. We
mailed our I-130, I-485, etc on January 2, 2003. We were under the
impression that this was fine, since we were married while her visa
was valid. Since then, we have heard that since she was out of status
when the forms were filed, we have to wait until the I-130 is approved
before we can file the I-485. As a side effect, this means that she
can't get an EAD until the 485 is pending?
Also, the receipt for the I-130 shows that processing times are
currently 500-600 DAYS! So she cannot get a (legal) job for almost 2
years!
Another question - if we have the option to mail the I-485 now, or to
submit it in person on the 19th of February, which would be the best
idea? We are hoping that the form could get processed somehow.
The most important thing to us (especially to her!) is that she can
work ASAP. Does anyone have advice in this matter?
Thank you
Russ
Hi:
Are you a US citizen? If so, then INS made a mistake. It can be fixed.
