Spouse visa status while waiting for I130?
Aug 27th 2002, 8:46 pm
#1
Guest
Posts: n/a
Spouse visa status while waiting for I130?
Hi there,
I have a question related to I130 application but could not find info about it from
the web. So I'd like to post it here and asking for your help.
I am a permanent resident of the US. I just get married recently. My wife holds F1
student visa currently, but her visa is about to expire. My questions are,
(1) Can I file I-130 for her? Will she be required to return to her original country
where F1 is issued?
(2) If it is fine to file I-130, can she legally stay in the US (i.e., with valid
status) after her F1 visa expires while we are waiting for I130 approval?
(3) If it's valid status to stay while waiting for I130, will she get working permit
to work in the US?
Thanks in advance for your help to answer these questions or point me to the info
that can answer them.
Jeff
I have a question related to I130 application but could not find info about it from
the web. So I'd like to post it here and asking for your help.
I am a permanent resident of the US. I just get married recently. My wife holds F1
student visa currently, but her visa is about to expire. My questions are,
(1) Can I file I-130 for her? Will she be required to return to her original country
where F1 is issued?
(2) If it is fine to file I-130, can she legally stay in the US (i.e., with valid
status) after her F1 visa expires while we are waiting for I130 approval?
(3) If it's valid status to stay while waiting for I130, will she get working permit
to work in the US?
Thanks in advance for your help to answer these questions or point me to the info
that can answer them.
Jeff
Aug 27th 2002, 9:21 pm
#2
Guest
Posts: n/a
Re: Spouse visa status while waiting for I130?
Jeff Tsai wrote:
> Hi there,
> I have a question related to I130 application but could not find info about it from
> the web. So I'd like to post it here and asking for your help.
> I am a permanent resident of the US. I just get married recently. My wife holds F1
> student visa currently, but her visa is about to expire. My questions are,
> (1) Can I file I-130 for her? Will she be required to return to her original
> country where F1 is issued?
It will take at least 6 years for her to get a immigrant visa based on you green card
status and filing I-130. It would be much better if you were a citizne. If she not
longer has status, then she will have to leave the US.
> (2) If it is fine to file I-130, can she legally stay in the US (i.e., with valid
> status) after her F1 visa expires while we are waiting for I130 approval?
No. Not a the spouse of a PR. A spouse of a US citizen can remain in the US pending
adjustment of status. A spouse of a permanent resident would have to wait 5 1/2 years
before the I-130 even starts to get processed, and can not wait in the
US>
> (3) If it's valid status to stay while waiting for I130, will she get working
> permit to work in the US?
Not as the spouse of a Permanent Resident
> Thanks in advance for your help to answer these questions or point me to the info
> that can answer them.
The info is on the INS website and refer to the visa bulletin for priority
dates. Currently for permanent resident spouses, the wait for the priority date
is 5 1/2 years.
> Hi there,
> I have a question related to I130 application but could not find info about it from
> the web. So I'd like to post it here and asking for your help.
> I am a permanent resident of the US. I just get married recently. My wife holds F1
> student visa currently, but her visa is about to expire. My questions are,
> (1) Can I file I-130 for her? Will she be required to return to her original
> country where F1 is issued?
It will take at least 6 years for her to get a immigrant visa based on you green card
status and filing I-130. It would be much better if you were a citizne. If she not
longer has status, then she will have to leave the US.
> (2) If it is fine to file I-130, can she legally stay in the US (i.e., with valid
> status) after her F1 visa expires while we are waiting for I130 approval?
No. Not a the spouse of a PR. A spouse of a US citizen can remain in the US pending
adjustment of status. A spouse of a permanent resident would have to wait 5 1/2 years
before the I-130 even starts to get processed, and can not wait in the
US>
> (3) If it's valid status to stay while waiting for I130, will she get working
> permit to work in the US?
Not as the spouse of a Permanent Resident
> Thanks in advance for your help to answer these questions or point me to the info
> that can answer them.
The info is on the INS website and refer to the visa bulletin for priority
dates. Currently for permanent resident spouses, the wait for the priority date
is 5 1/2 years.
Aug 28th 2002, 5:48 am
#3
Guest
Posts: n/a
Re: Spouse visa status while waiting for I130?
[email protected] (Jeff Tsai) wrote in message
news:<[email protected]. com>...
An immigration lawyer comments by the word "ANSWER":
> Hi there,
> I have a question related to I130 application but could not find info about it from
> the web. So I'd like to post it here and asking for your help.
> I am a permanent resident of the US. I just get married recently. My wife holds F1
> student visa currently, but her visa is about to expire. My questions are,
> (1) Can I file I-130 for her? Will she be required to return to her original
> country where F1 is issued?
ANSWER: Yes, you can file the I-130 for her. On the I-130, put in her status as
"F-1" and expiry date as "D/S". If she does not leave within 60 days of ending her
studies or P/T, she will have to apply for an immigrant visa abroad. It will
generally be in the country of her last residence [which may or may not be the same
country that issued the F-1].
> (2) If it is fine to file I-130, can she legally stay in the US (i.e., with valid
> status) after her F1 visa expires while we are waiting for I130 approval?
ANSWER: No, she cannot stay legally in the US while I-130 is pending or even after
its approved. However, do note that the 3/10 year bars for overstaying only kick in
IF she had been given a set admission period or the INS has determined she violated
status. F-1 students don't get set admission periods -- they get "D/S" admissions.
So the 180 day/1 year clocks never start unless there is some official finding from
INS or an Immigration Court that there was a violation of stay. [I had a removal
proceeding where client had violated her D/S by being out of school for a year. When
the INS placed her in removal proceedings, we formally denied a violation and then
the Judge set a hearing for one week after her proposed graduation date -- with a
wink -- to avoid having the 3/10 year bars kick in. Special facts, she was awaiting
immigration via her parents].
> (3) If it's valid status to stay while waiting for I130, will she get working
> permit to work in the US?
ANSWER: No.
> Thanks in advance for your help to answer these questions or point me to the info
> that can answer them.
> Jeff
news:<[email protected]. com>...
An immigration lawyer comments by the word "ANSWER":
> Hi there,
> I have a question related to I130 application but could not find info about it from
> the web. So I'd like to post it here and asking for your help.
> I am a permanent resident of the US. I just get married recently. My wife holds F1
> student visa currently, but her visa is about to expire. My questions are,
> (1) Can I file I-130 for her? Will she be required to return to her original
> country where F1 is issued?
ANSWER: Yes, you can file the I-130 for her. On the I-130, put in her status as
"F-1" and expiry date as "D/S". If she does not leave within 60 days of ending her
studies or P/T, she will have to apply for an immigrant visa abroad. It will
generally be in the country of her last residence [which may or may not be the same
country that issued the F-1].
> (2) If it is fine to file I-130, can she legally stay in the US (i.e., with valid
> status) after her F1 visa expires while we are waiting for I130 approval?
ANSWER: No, she cannot stay legally in the US while I-130 is pending or even after
its approved. However, do note that the 3/10 year bars for overstaying only kick in
IF she had been given a set admission period or the INS has determined she violated
status. F-1 students don't get set admission periods -- they get "D/S" admissions.
So the 180 day/1 year clocks never start unless there is some official finding from
INS or an Immigration Court that there was a violation of stay. [I had a removal
proceeding where client had violated her D/S by being out of school for a year. When
the INS placed her in removal proceedings, we formally denied a violation and then
the Judge set a hearing for one week after her proposed graduation date -- with a
wink -- to avoid having the 3/10 year bars kick in. Special facts, she was awaiting
immigration via her parents].
> (3) If it's valid status to stay while waiting for I130, will she get working
> permit to work in the US?
ANSWER: No.
> Thanks in advance for your help to answer these questions or point me to the info
> that can answer them.
> Jeff
