Spouce of a permanent resident
Oct 28th 2002, 10:44 am
#1
Guest
Posts: n/a
Spouce of a permanent resident
Hi All,
My fiancé just got a call for her interview. She had been waiting for a
while for adjustment of status through Family 1st category. We plan to get
married after she gets her green card (probably in December). I am
currently holding a F1 visa. We are planning to travel in summer of 2003.
My questions are:
If I file for I-130 (Family 2A category) before I travel next summer, would
there be any problems? My understanding is that while my I-130 is pending I
still have to maintain my own status. If that is true, can I travel with my
F1 visa since I will be maintaining F1 status? Or is it advisable to wait
until after my travels to file for the I-130?
Secondly, my F1 visa is still valid till Aug 03 however it shows the name of
the school that I no longer attend. I have joined a different school after
graduating from my initial school and I have a new I-20 from that school. Is
my F1 visa still valid for travel with my new I-20?
Any help/comments are greatly appreciated.
My fiancé just got a call for her interview. She had been waiting for a
while for adjustment of status through Family 1st category. We plan to get
married after she gets her green card (probably in December). I am
currently holding a F1 visa. We are planning to travel in summer of 2003.
My questions are:
If I file for I-130 (Family 2A category) before I travel next summer, would
there be any problems? My understanding is that while my I-130 is pending I
still have to maintain my own status. If that is true, can I travel with my
F1 visa since I will be maintaining F1 status? Or is it advisable to wait
until after my travels to file for the I-130?
Secondly, my F1 visa is still valid till Aug 03 however it shows the name of
the school that I no longer attend. I have joined a different school after
graduating from my initial school and I have a new I-20 from that school. Is
my F1 visa still valid for travel with my new I-20?
Any help/comments are greatly appreciated.
Oct 28th 2002, 1:10 pm
#2
Guest
Posts: n/a
Re: Spouce of a permanent resident
On Mon, 28 Oct 2002 15:44:50 -0800, sushrut modak wrote:
> Hi All,
> My fiancé just got a call for her interview. She had been waiting for a
> while for adjustment of status through Family 1st category. We plan to
> get married after she gets her green card (probably in December). I am
> currently holding a F1 visa. We are planning to travel in summer of
> 2003. My questions are:
> If I file for I-130 (Family 2A category) before I travel next summer,
> would there be any problems? My understanding is that while my I-130 is
> pending I still have to maintain my own status.
Yes. Actually, you have to maintain your own status longer than that,
namely until you can file your Adjustment of Status. With the current
quota backlog, that will be about five to six years.
> If that is true, can I travel with my F1 visa since I will be
> maintaining F1 status? Or is it advisable to wait until after my travels
> to file for the I-130?
You may want to consider getting married BEFORE her interview. That way,
you could get a Green Card together with her - if you get married after
the interview, then you would have no choice but to wait for about five to
six years in Family 2A category for your own Green Card.
Of course, if gets married now, she would also move from Family 1st to
Family 3rd category. It's possible that her PD is no longer current, and
she may have to wait for her Green Card a little longer. Since her AOS was
already filed, she would probably be able to remain in the US while
waiting for the new PD (but ask an immigration attorney about that).
Chances are that you would probably in the end come out ahead.
To answer your question: once you demonstrate immigration intent,
travelling can be problematic. So I would suggest you wait with filing the
I-130. Also, if you follow my suggestion and get married before the
interview, travelling might be difficult for the same reason.
> Secondly, my F1 visa is still valid till Aug 03 however it shows the
> name of the school that I no longer attend. I have joined a different
> school after graduating from my initial school and I have a new I-20
> from that school. Is my F1 visa still valid for travel with my new I-20?
Shouldn't be a problem.
> Hi All,
> My fiancé just got a call for her interview. She had been waiting for a
> while for adjustment of status through Family 1st category. We plan to
> get married after she gets her green card (probably in December). I am
> currently holding a F1 visa. We are planning to travel in summer of
> 2003. My questions are:
> If I file for I-130 (Family 2A category) before I travel next summer,
> would there be any problems? My understanding is that while my I-130 is
> pending I still have to maintain my own status.
Yes. Actually, you have to maintain your own status longer than that,
namely until you can file your Adjustment of Status. With the current
quota backlog, that will be about five to six years.
> If that is true, can I travel with my F1 visa since I will be
> maintaining F1 status? Or is it advisable to wait until after my travels
> to file for the I-130?
You may want to consider getting married BEFORE her interview. That way,
you could get a Green Card together with her - if you get married after
the interview, then you would have no choice but to wait for about five to
six years in Family 2A category for your own Green Card.
Of course, if gets married now, she would also move from Family 1st to
Family 3rd category. It's possible that her PD is no longer current, and
she may have to wait for her Green Card a little longer. Since her AOS was
already filed, she would probably be able to remain in the US while
waiting for the new PD (but ask an immigration attorney about that).
Chances are that you would probably in the end come out ahead.
To answer your question: once you demonstrate immigration intent,
travelling can be problematic. So I would suggest you wait with filing the
I-130. Also, if you follow my suggestion and get married before the
interview, travelling might be difficult for the same reason.
> Secondly, my F1 visa is still valid till Aug 03 however it shows the
> name of the school that I no longer attend. I have joined a different
> school after graduating from my initial school and I have a new I-20
> from that school. Is my F1 visa still valid for travel with my new I-20?
Shouldn't be a problem.
Oct 29th 2002, 7:26 am
#3
Guest
Posts: n/a
Re: Spouce of a permanent resident
Thanks Ingo.
A few months back we did consider the possibility that you are suggesting.
In that case, when her PD becomes no longer current (because of changed
categories), would she still be entitled to the privileges such as work
permit, travel parole etc.? When I add on to her petition, do I get the
same priority date as her and the work permit, travel parole etc.?
Also, her PD is June 1998. Its about a year and a half away from the
current dates for Family 3rd category. How long in your opinion will it
take for June 1998 to be current in Family 3rd category?
Thanks again for your help.
"Ingo Pakleppa" wrote in message
news:N6mv9.255766$o.2101351@ne-
ws1.west.cox.net...
> On Mon, 28 Oct 2002 15:44:50 -0800, sushrut modak wrote:
> You may want to consider getting married BEFORE her interview. That way,
> you could get a Green Card together with her - if you get married after
> the interview, then you would have no choice but to wait for about five to
> six years in Family 2A category for your own Green Card.
> Of course, if gets married now, she would also move from Family 1st to
> Family 3rd category. It's possible that her PD is no longer current, and
> she may have to wait for her Green Card a little longer. Since her AOS was
> already filed, she would probably be able to remain in the US while
> waiting for the new PD (but ask an immigration attorney about that).
> Chances are that you would probably in the end come out ahead.
A few months back we did consider the possibility that you are suggesting.
In that case, when her PD becomes no longer current (because of changed
categories), would she still be entitled to the privileges such as work
permit, travel parole etc.? When I add on to her petition, do I get the
same priority date as her and the work permit, travel parole etc.?
Also, her PD is June 1998. Its about a year and a half away from the
current dates for Family 3rd category. How long in your opinion will it
take for June 1998 to be current in Family 3rd category?
Thanks again for your help.
"Ingo Pakleppa" wrote in message
news:N6mv9.255766$o.2101351@ne-
ws1.west.cox.net...
> On Mon, 28 Oct 2002 15:44:50 -0800, sushrut modak wrote:
> You may want to consider getting married BEFORE her interview. That way,
> you could get a Green Card together with her - if you get married after
> the interview, then you would have no choice but to wait for about five to
> six years in Family 2A category for your own Green Card.
> Of course, if gets married now, she would also move from Family 1st to
> Family 3rd category. It's possible that her PD is no longer current, and
> she may have to wait for her Green Card a little longer. Since her AOS was
> already filed, she would probably be able to remain in the US while
> waiting for the new PD (but ask an immigration attorney about that).
> Chances are that you would probably in the end come out ahead.
Oct 29th 2002, 10:45 pm
#4
Guest
Posts: n/a
Re: Spouce of a permanent resident
On Tue, 29 Oct 2002 12:26:14 -0800, sushrut modak wrote:
> Thanks Ingo.
>
> A few months back we did consider the possibility that you are
> suggesting. In that case, when her PD becomes no longer current (because
> of changed categories), would she still be entitled to the privileges
> such as work permit, travel parole etc.? When I add on to her petition,
> do I get the same priority date as her and the work permit, travel
> parole etc.?
Since her I-485 was already filed, I believe that she would continue to
get her work permit etc. When the time comes for INS to decide about the
I-485, they would find that her PD is no longer current, and put it back
on the shelf (of course, you have to inform INS of the changed situation!
The interview would be a good time for that).
You would get her PD, as well. However, you would have to file your own
I-485 before you can get work permit etc. - and you have to wait for the
PD to become current before you can do that.
> Also, her PD is June 1998. Its about a year and a half away from the
> current dates for Family 3rd category. How long in your opinion will it
> take for June 1998 to be current in Family 3rd category?
Unfortunately, that is impossible to tell. Priority Dates have a habit of
moving around very erratically. It could be anything from a year to three
or four years (probably still faster than the wait for sponsoring you
separately).
> Thanks again for your help.
>
>
> "Ingo Pakleppa" wrote in message
> news:[email protected]...
>> On Mon, 28 Oct 2002 15:44:50 -0800, sushrut modak wrote:
>> You may want to consider getting married BEFORE her interview. That
>> way, you could get a Green Card together with her - if you get married
>> after the interview, then you would have no choice but to wait for
>> about five to six years in Family 2A category for your own Green Card.
>> Of course, if gets married now, she would also move from Family 1st to
>> Family 3rd category. It's possible that her PD is no longer current,
>> and she may have to wait for her Green Card a little longer. Since her
>> AOS was already filed, she would probably be able to remain in the US
>> while waiting for the new PD (but ask an immigration attorney about
>> that).
>> Chances are that you would probably in the end come out ahead.
> Thanks Ingo.
>
> A few months back we did consider the possibility that you are
> suggesting. In that case, when her PD becomes no longer current (because
> of changed categories), would she still be entitled to the privileges
> such as work permit, travel parole etc.? When I add on to her petition,
> do I get the same priority date as her and the work permit, travel
> parole etc.?
Since her I-485 was already filed, I believe that she would continue to
get her work permit etc. When the time comes for INS to decide about the
I-485, they would find that her PD is no longer current, and put it back
on the shelf (of course, you have to inform INS of the changed situation!
The interview would be a good time for that).
You would get her PD, as well. However, you would have to file your own
I-485 before you can get work permit etc. - and you have to wait for the
PD to become current before you can do that.
> Also, her PD is June 1998. Its about a year and a half away from the
> current dates for Family 3rd category. How long in your opinion will it
> take for June 1998 to be current in Family 3rd category?
Unfortunately, that is impossible to tell. Priority Dates have a habit of
moving around very erratically. It could be anything from a year to three
or four years (probably still faster than the wait for sponsoring you
separately).
> Thanks again for your help.
>
>
> "Ingo Pakleppa" wrote in message
> news:[email protected]...
>> On Mon, 28 Oct 2002 15:44:50 -0800, sushrut modak wrote:
>> You may want to consider getting married BEFORE her interview. That
>> way, you could get a Green Card together with her - if you get married
>> after the interview, then you would have no choice but to wait for
>> about five to six years in Family 2A category for your own Green Card.
>> Of course, if gets married now, she would also move from Family 1st to
>> Family 3rd category. It's possible that her PD is no longer current,
>> and she may have to wait for her Green Card a little longer. Since her
>> AOS was already filed, she would probably be able to remain in the US
>> while waiting for the new PD (but ask an immigration attorney about
>> that).
>> Chances are that you would probably in the end come out ahead.
Oct 30th 2002, 2:52 pm
#5
Forum Regular
Joined: Sep 2002
Posts: 62
One green Card is better than None.
The priority dates have been extremely unpredictable. They can and have moved backward as we all know. You are looking at 3/15/99 ( F1) Vs 11/15/96(F3). I would strongly advise you not to take that chance for her GC.
Even the F1 Priority may move backward or become unavailable. Here is the F1 history:
2002-11 03/15/99
2002-10 03/01/99
2002-09 04/01/97
2002-08 07/01/96
2002-07 07/01/95
2002-06 07/01/95
2002-05 03/01/99
2002-04 03/01/99
2002-03 03/01/99
2002-02 03/01/99
2002-01 03/01/99
2001-12 03/01/99
2001-11 03/01/99
2001-10 03/01/99
2001-09 U
2001-08 U
2001-07 01/01/97
2001-06 03/01/99
2001-05 03/01/99
2001-04 03/01/99
2001-03 03/01/99
2001-02 03/01/99
2001-01 03/01/99
2000-12 03/01/99
2000-11 03/01/99
2000-10 02/01/99
2000-09 01/15/99
2000-08 01/01/99
2000-07 12/15/98
2000-06 12/15/98
2000-05 12/15/98
2000-04 12/08/98
2000-03 11/15/98
2000-02 10/15/98
2000-01 09/15/98
1999-12 09/15/98
1999-11 08/15/98
1999-10 07/15/98
PS I am not an attorney
The priority dates have been extremely unpredictable. They can and have moved backward as we all know. You are looking at 3/15/99 ( F1) Vs 11/15/96(F3). I would strongly advise you not to take that chance for her GC.
Even the F1 Priority may move backward or become unavailable. Here is the F1 history:
2002-11 03/15/99
2002-10 03/01/99
2002-09 04/01/97
2002-08 07/01/96
2002-07 07/01/95
2002-06 07/01/95
2002-05 03/01/99
2002-04 03/01/99
2002-03 03/01/99
2002-02 03/01/99
2002-01 03/01/99
2001-12 03/01/99
2001-11 03/01/99
2001-10 03/01/99
2001-09 U
2001-08 U
2001-07 01/01/97
2001-06 03/01/99
2001-05 03/01/99
2001-04 03/01/99
2001-03 03/01/99
2001-02 03/01/99
2001-01 03/01/99
2000-12 03/01/99
2000-11 03/01/99
2000-10 02/01/99
2000-09 01/15/99
2000-08 01/01/99
2000-07 12/15/98
2000-06 12/15/98
2000-05 12/15/98
2000-04 12/08/98
2000-03 11/15/98
2000-02 10/15/98
2000-01 09/15/98
1999-12 09/15/98
1999-11 08/15/98
1999-10 07/15/98
PS I am not an attorney
