x24

Hi there. First off I'm really glad that I've found a discussion group for immigration issues. BritishExpats.com was referred to me by a co-worker. Anyway, hopefully I can get clarifications, if not advice on my current problem.

About me:
I'm a Philippine national but I've been a US permanent resident enough to be eligible for US citizenship. But I just earned as much continuous stay enough to finish the second half of my citizenship eligibility (2.5 years). I just got married to my fiancee who is also a Philippine national and the wedding was held in the Philippines. Now that I am back here in the US, I want to start working on both my citizenship and her petition so we can settle down here in the US.

Based on our online research and tips from friends, I'm now looking at two possible ways (as far as I can formulate) to petition her and have her here the fastest way possible.

1) I submit my N-400 along with her petition as an alien relative.

or

2) We come up with a way to get her here, like on a tourist/visitor's visa and then apply an adjustment of status for her.

Option 2 was just a recent tip from a friend. Have her here on a tourist/visitor's visa and get her an AOS, and since being married to a legal resident was her tie to me, an AOS can get her an immigrant status and will keep her here while it's being processed. That's what my friend said anyway.

Now I'm not sure what's the best way, if not, the right way for me to petition her here as fast as I can. Should I send my N-400 and apply for an alien relative petition, while still being a legal resident, and while my N-400 is in process? Should I wait to be naturalized and then apply for the petition as a US citizen? Should I send my N-400 and if she was able to enter the US, apply for an AOS as soon as possible so she can stay? I was told that if she's under an AOS, she can't work. Can she go to school/college?

I really hope I've stated my problem as clearly as I can, and not sound to be asking too much. Thanks in advance.

x24

anyone?

Amanda

x24 <member25137@british_expats.com> wrote in message news:<[email protected]>...
    > Hi there. First off I'm really glad that I've found a discussion group
    > for immigration issues. BritishExpats.com was referred to me by a co-
    > worker. Anyway, hopefully I can get clarifications, if not advice on my
    > current problem.
    >
    > About me:
    > I'm a Philippine national but I've been a US
    > permanent resident enough to be eligible for US citizenship. But I just
    > earned as much continuous stay enough to finish the second half of my
    > citizenship eligibility (2.5 years). I just got married to my fiancee
    > who is also a Philippine national and the wedding was held in the
    > Philippines. Now that I am back here in the US, I want to start working
    > on both my citizenship and her petition so we can settle down here in
    > the US.
    >
    > Based on our online research and tips from friends, I'm now
    > looking at two possible ways (as far as I can formulate) to petition her
    > and have her here the fastest way possible.
    >
    > 1) I submit my N-400 along
    > with her petition as an alien relative.

When you turn in application for citizenship, you sre still a GC
holder at that point. So your petition for her as an immediate
relative by you (as a GC holder) will keep her out of US for *a long
time* if you do it while she is outside US. She won't even be able to
apply for vsiit visa once you file I-130 for her.

Go to http://uscis.gov and click on "Getting Greencard". Then read
about family based immigration for calling a spouse both as a US
citizen and as a GC holder. At this point, "as a GC holder applies
to you".

    >
    > or
    >
    > 2) We come up with a way to
    > get her here, like on a tourist/visitor's visa and then apply an
    > adjustment of status for her.

It's your decision.

    >
    > Option 2 was just a recent tip from a
    > friend. Have her here on a tourist/visitor's visa and get her an AOS,
    > and since being married to a legal resident was her tie to me, an AOS
    > can get her an immigrant status and will keep her here while it's being
    > processed. That's what my friend said anyway.

When she gets here on a visit visa and you are still a GC holder,
you can file I-130 petition( petition for alien relative) for her but
she can't do AOS right away. See "Visa Bulletin" at
http://travel.state.gov for Current priority dates for appropriate
category (2A). The PD of 08 DEC 1999 for 2A category are current for
Phillipines. That means those with PD date of 08 DEC 1999 or before in
category 2A can do adjustment of status or apply for immigrant visa if
they are aborad (Consular Processing).

    >
    > Now I'm not sure what's
    > the best way, if not, the right way for me to petition her here as fast
    > as I can.

Think. One mistake and she will be stuck outside US.

    > Should I send my N-400 and apply for an alien relative
    > petition, while still being a legal resident, and while my N-400 is in
    > process?

    > You are repeating yourself.

    > Should I wait to be naturalized and then apply for the
    > petition as a US citizen?

That is an option since you can get her to US on visit visa and
extends the visa.

    > Should I send my N-400 and if she was able to
    > enter the US, apply for an AOS as soon as possible so she can stay?

IF you file petition for her once she is inside US, even though she
waits to do adjustment of status, she will be inside US but can't work
. I am not sure wheteher she can extend her vsiit visa.

You need support the bills that would solve your problem. I will get
those and post here.

    > I
    > was told that if she's under an AOS, she can't work.
As soon as she can file for AOS, she can apply for work permit (EAD)
and she will get EAD in 3 months.

    > Can she go to school/college?
Yes. With I-130 pending, once she has resided in teh sate for 1
year, she can get instate tutition fees in some states, like Texas and
CA. May be other states too (New York?) but I know for sure about TX
and CA. Just show I-130 receipt notice to school.

    >
    > I really hope I've stated my problem as clearly as I
    > can, and not sound to be asking too much. Thanks in advance.

If you file I-130 (alien petition) for hera GC holder, you can file
again once you become a citizen. With the second time, as a citizen,
she can apply for GC (AOS using I-485 form) and EAD work permit (I765
form) at tyhe same time.

x24

Wow. Thank you so much for replying, and, giving clarifications on my problem. Come to think of it, You have given me more information about my problem compared to the answers of my inquiries with immigration lawyers combined. I will surely run through your responses and see what I can do.

Questions regarding your responses about applying for AOS when she's in the US.


I got confused here. I'm not sure what is the order of things in this scenario. In this case, should I apply for AOS and I-130 WHEN she's in the US on a visitor's visa? Should it be I-130, then she enters the US, then AOS? The reason why I asked about her going to school is that since under an AOS (I believe), she's not allowed to go back to the Philippines. She can go to school (maybe get a Masters Degree) while not being allowed to work (or maybe while applying for a work visa/permit?). What could be the requirements to be able to extend her stay? If she's under an application for AOS, do we still need to extend her stay, noting that she's not allowed to go back to the Philippines if she's under AOS?

I hope I'm not repeating myself and thanks again.

Amanda

These are the bills I was talking about. I am copying and pasteing
what I found in newsgroup. I tried to find the link to it so that I
can make a tiny link but I don't remmeber the thread name.

So let me just say this: note that I am copying and pasting what
someone (Ingo?) posted. I hope the person (Ingo) doesn't mind that I
am providing his link sand use the info on his website in this post of
mine.
-------------------------------------------------------------------

Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml

Please visit my new FAQ at http://www.kkeane.com (always under
construction)

What would H.R. 539 do about these issues?
H.R. 539 would grant spouses of Green Card holders the same rights as
spouses of US citizens, and allow the family to be reunited quickly.


What would H.R. 832 do about these issues?
H.R. 832 would allow long-term permanent partners of US citizens to
receive the same benefit as spouses. It would match US law to laws
implemented in most Western countries, including Australia, Canada, as
well as most European countries.


What would S. 1510 do about these issues?
S. 1510 is a Senate bill that is identical to H.R. 832.


Where can I learn more about these bills?
To understand the details of the Family 2A category
You can read the actual bills at the Web site of the Library of
Congress. Search for the terms "H.R. 539", "H.R. 832" or "S.1510"
respectively.
These bills would modify the Immigration and Nationality Act, or INA.
You can read the full text of the INA at http://www.immigration.gov.


Note: sample letter is available on the website I gave above.

Amanda

[email protected] (Amanda) wrote in message news:<[email protected]. com>...

    > You need support the bills that would solve your problem. I will get
    > those and post here.


These are the bills I was talking about. I am copying and pasting
what I found in newsgroup. I tried to find the link to it so that I
can make a tiny link but I don't remmeber the thread name.

So let me just say this: note that I am copying and pasting what
someone (Ingo?) posted. I hope the person (Ingo) doesn't mind that I
am providing his link sand use the info on his website in this post of
mine.
-------------------------------------------------------------------

Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml

Please visit my new FAQ at http://www.kkeane.com (always under
construction)

What would H.R. 539 do about these issues?
H.R. 539 would grant spouses of Green Card holders the same rights as
spouses of US citizens, and allow the family to be reunited quickly.


What would H.R. 832 do about these issues?
H.R. 832 would allow long-term permanent partners of US citizens to
receive the same benefit as spouses. It would match US law to laws
implemented in most Western countries, including Australia, Canada, as
well as most European countries.


What would S. 1510 do about these issues?
S. 1510 is a Senate bill that is identical to H.R. 832.


Where can I learn more about these bills?
To understand the details of the Family 2A category
You can read the actual bills at the Web site of the Library of
Congress. Search for the terms "H.R. 539", "H.R. 832" or "S.1510"
respectively.
These bills would modify the Immigration and Nationality Act, or INA.
You can read the full text of the INA at http://www.immigration.gov.


Note: sample letter is available on the website I gave above.

AnnaV

Hi,

I'm not sure how viable the second option is because there is this little thing called "prior intent." Basically, you can not get a non-immigrant visa (e.g. tourist) with the intention to immigrate. That opens up a whole can of worms with respect to material misrepresentation and fraud. I'm not even sure how easy it will be for her to get a tourist visa given that she has a spouse in the United States. Search the archives, especially from the marriage-based visa forum. Adjusting status from a tourist visa might put up some red flags regarding prior intent, and it had been a subject of much debate in that forum.

The other point about option number 2 is that she won't be able to adjust right away anyway if you are still a permanent resident. She can only adjust her status if there is an immigrant petition pending, and if it is current. For spouses of LPRs, that could be several years. (Someone correct me if I get anything wrong, please.)

As for option 1, that will take several years too, I believe, since it now takes a while for the citizenship process to finish. Until you are a citizen, I doubt you'd be able to petition to sponsor an immediate relative as a US citizen. Just my opinion, though.

Amanda

x24 <member25137@british_expats.com> wrote in message news:<[email protected]>...
    > Wow. Thank you so much for replying, and, giving clarifications on my
    > problem. Come to think of it, You have given me more information about
    > my problem compared to the answers of my inquiries with immigration
    > lawyers combined. I will surely run through your responses and see what
    > I can do.
    >
    > Questions regarding your responses about applying for AOS
    > when she's in the US.
    >
    > Originally posted by Amanda
    > > IF you file petition for her once she is inside US, even though she
    > > waits to do adjustment of status, she will be inside US but can't work
    > > . I am not sure wheteher she can extend her vsiit visa.
    > >
    > > You need to support the bills that would solve your problem. I will get
    > > those and post here.
    > >
    > > > I was told that if she's under an AOS, she can't work.

    > > As soon as she can file for AOS, she can apply for work permit (EAD)
    > > and she will get EAD in 3 months.
    > >
    > >
    > > > Can she go to school/college?

    > > Yes. With I-130 pending, once she has resided in teh sate for 1
    > > year, she can get instate tutition fees in some states, like Texas and
    > > CA. May be other states too (New York?) but I know for sure about TX
    > > and CA. Just show I-130 receipt notice to school.
    >
    >
    > I got confused here. I'm not sure
    > what is the order of things in this scenario. In this case, should I
    > apply for AOS and I-130 WHEN she's in the US on a visitor's visa?

Keepign in mind that she is your spouse,

(1) when you are a GC holder, you can file I-130 for her but she has
to wait for a LATER time to do AOS and hence EAD application along
with AOS application. PLUS Advanced Parole , using I-131 (if she has
not been out of status).

(2) when you are a citizen, you can file I-130, I-485 + EAD + Advanced
Parole (if she has not been out of status) *at the same time*.


    > Should it be I-130, then she enters the US, then AOS?
Not advised.

If you file I-130 for her while she is still outside, she cannot get
visit visa. Then her choice will be wait till she gets an immigrant
visa based on your I-130 petitioning or get H-1 visa (work visa). She
won't get F-1 visa (student visa) or visit visa (B-2) once you file
I-130.

    > The reason why I asked about her going to school is that since under an AOS > (I believe), she's not allowed to go back to the Philippines.

She is allowed to go back but she won't be able to get back unless
she has necessary documents.

As soon as she can do AOS, she can apply for Advanced Parole for
travel purpose (only if she has not been out of status, i.e her visit
visa or F-1 visa was maintianed valid). But (a BIG but), ...

(1) If you file I-130 for her when you are still a GC holder, by the
time she can do AOS, her visa status would most likely have been out
of status. See and understand the data of "visa bulletin" I told you
earlier.

(2) If you file I-130 as a citizen, AOS can be applied AT THE SAME
TIME (and also Advanced Parole + EAD). NOTE though that AP can be
applied *only if she has not been out of status when AOS is filed*.
Since you are not a citizen and only a GC holder now by the time you
become a citizen and file I-130 again for her (at that time AOS can be
filed too), she would most likely be out of status and would be
ineligible for AP unless she has mainatin her visa status.


Note that, there will be no priority category for option(2) in "Visa
Bulletin" because there is no quota limit for option 2 (for spouse of
US citizen) and hence AOS can be done *at the same time* I-130 is
filed (by you as a US citizen).

The only way to avoid being stuck here or stuck outside is to keep her
on visist visa (and extend it) and repeat the process y goign out of
the country OR come with F-1 visa (student visa) and attend school
while wait till you become a citizen to file I-130 (and AOS + Advanced
Parole). She can alos stay on H1 visa till you become a us citizen.
With visit or F-1 (student visa) she would be paying Int'l Student
rate fees to go to school. With H-1, she gets instate fees after 1
year residency. But,

If she comes on F-1 visa, and you, as a GC holder, file I-130, she
will be able to use her F-1 visa to go out and come back till that
visa stamp expires (the visa stamp need to be valid to enter US).
After that, she won't be able to apply for another F-1 stamp unless
she lies (or doesn't know) that she has I-130 pending, filed by you
and. If she tells the school about I-130 application by you to get
instate tution fees, the school won't give here a new I-20 (prove of
her admission to school) if she needs it (she would need a new I-20 to
apply for F-1 visa only if she change programs). If she doesn't chnage
program, degree plans, she can use the same I-20 but be ware of
breakign the law if she already filed for I-10 and are gettign instate
tuition fees. On I-130 pending status, she would be considered a
resident (though it is for tuition fee purpose only) and if she is
paying a instate fees (implying that she knows tht she is on I-130
pending), applying for F-1 visa *knowingly* would be breaking a law.


She is allowed to go back to Phillipine any time she wants (no one
will stop her) but if I-130 is filed (as you being a GC holder) but no
AOS application yet, she won't be able to enter back on any visa other
than H-1 work visa or immigrant visa (immigrant visa because you can't
do AOS if she is not inside US while I-130 is processed and you will
have to switch to Consular Processing).

    > She can go
    > to school (maybe get a Masters Degree) while not being allowed to work (or
    > maybe while applying for a work visa/permit?).

Yes.

    > What could be the requirements to be able to extend her stay? If she's
    > under an application for AOS, do we still need to extend her stay, noting
    > that she's not allowed to go back to the Philippines if she's under AOS?

First, the statement "she cannot go back to Philiipines if she is
under AOS" is wrong. I am not even meaning that no one can stop you
and you can go. I am correcting you that you need to forget *that
assumption* you have. Understand what AOS means and what benefit you
get with AOS application depeding on whether you have maintained visa
status or not.


    >
    > I hope I'm not repeating
    > myself and thanks again.


Basically, if your concern is her being able to go back and forth on
visit visa or F-1 visa, you should not file I30 for her while you are
a GC holder. wait till you become a citizen. At that time, you can do
I-130, AOS + Advanced Parole (permit to travel) + EAD. But she goes to
school with foreign rate tuition fees.

Or

File I-130 immediately upon arrival to US, get instate tuition fees
after 1 years, but be stuck here once the visa stamp expires.

You really do not have any other option right now the way I see it.

By the way, read http://tinyurl.com/23cpy and also go to "
alt.visa.us.marriage-based".

    >
    > I hope I'm not repeating
    > myself and thanks again.



If you have a good chance to become a citizen in one to 1 1/2 year, I
suggest that she comes here on F-1 visa (student visa), attend school
by maintaining her F-1 vsia and when you become a citizen, you file
I-130 + do AOS + EAD + Advanced PAroel (for travel) *at the same
time*. You must read the linsk I provided you earlier.

Not useful to you since you are not a citizen but at

http://travel.state.gov/ -> "Visas for Foreign Citizens to Come to the
US" -> "Coming to the U.S. - Permanent" -> "Marriage to Foreign
Nationals" and read K3 visa for spouses (living outside of US) of US
citizen.

AnnaV

Uhm, there are a couple of things. One, merely being out of status does not preclude getting an advance parole. The operative term is "unlawful presence." With tourist and most non-immigrant visas, there is a certain time with which the alien can remain in the US lawfully (i.e. the date stamped on the I-94). Beyond that date, the alien begins to accrue unlawful presence which is counted towards the 3 or 10 year bars. If the overstay is less than 180 days, there are no bars, and MOSTLY one can use advance parole without a hitch. 180 days or more, you're better off not leaving the country while waiting for AOS.

Story is different for F1s who are admitted with D/S. Go look for those threads; they've been discussed extensively in this newsgroup and others.

Lastly, a student visa still requires a non-immigrant intent, and the consul will look at your ties to your home country. I know of several potential grad students who were denied F1s because they did not have sufficient ties to their home country (family, etc). The fact that her spouse is in the US will probably make it difficult for her to get an F1.

But then again, nothing ventured nothing gained.

Caveat: I am not a lawyer, and this is merely my opinion. I've been through the process (just got my GC last week), and I'm speaking mostly from experience and from anecdotal evidence I've gathered while researching the process. My post does not presume to be absolutely correct in every detail.

Sylvia Ottemoeller

"Amanda" <[email protected]> wrote in message
news:[email protected]...

    > x24 <member25137@british_expats.com> wrote in message
news:<[email protected]>...

    > > Wow. Thank you so much for replying, and, giving clarifications on my
    > > problem. Come to think of it, You have given me more information about
    > > my problem compared to the answers of my inquiries with immigration
    > > lawyers combined. I will surely run through your responses and see what
    > > I can do.
    > >
    > > Questions regarding your responses about applying for AOS
    > > when she's in the US.
    > >
    > > Originally posted by Amanda

    > > > IF you file petition for her once she is inside US, even though she
    > > > waits to do adjustment of status, she will be inside US but can't work
    > > > . I am not sure wheteher she can extend her vsiit visa.

She will be able to extend her B-2 "visitor for pleasure" for -- at most --
a total of one year from the original entry. After that, unless she leaves
the U.S., or applies to change to another nonimmigrant status and is
successful, she will violate her status. She will be subject to deportation
at any time, and she will begin to accumulate time toward the 3 and 10 year
bars. She can go to school, but she cannot work. If she travels outside
the U.S., she will have to stay outside for a long time, perhaps 4 or 5
years.

If she violates her status, she loses eligibility to file Form I-485 in the
category Family 2A. After you have become a citizen, she would gain
eligibility to file Form I-485 as an immediate relative.

Currently, the category Family 2A, spouse of a permanent resident, has a
waiting time for the quota of 3 and 1/2 years. You can follow the progress
of the category here: http://travel.state.gov/visa_bulletin.html

[snip]

    > > > > I was told that if she's under an AOS, she can't work.

    > > > As soon as she can file for AOS, she can apply for work permit (EAD)
    > > > and she will get EAD in 3 months.

    > > > > Can she go to school/college?
    > > > Yes. With I-130 pending, once she has resided in teh sate for 1
    > > > year, she can get instate tutition fees in some states, like Texas
and
    > > > CA. May be other states too (New York?) but I know for sure about TX
    > > > and CA. Just show I-130 receipt notice to school.

    > > I got confused here. I'm not sure
    > > what is the order of things in this scenario. In this case, should I
    > > apply for AOS and I-130 WHEN she's in the US on a visitor's visa?
    > Keepign in mind that she is your spouse,
    > (1) when you are a GC holder, you can file I-130 for her but she has
    > to wait for a LATER time

-- almost 4 years later --

to do AOS and hence EAD application along
    > with AOS application. PLUS Advanced Parole , using I-131 (if she has
    > not been out of status).
    > (2) when you are a citizen, you can file I-130, I-485 + EAD + Advanced
    > Parole (if she has not been out of status) *at the same time*.

    > > Should it be I-130, then she enters the US, then AOS?

    > Not advised.
    > If you file I-130 for her while she is still outside, she cannot get
    > visit visa. Then her choice will be wait till she gets an immigrant
    > visa based on your I-130 petitioning or get H-1 visa (work visa). She
    > won't get F-1 visa (student visa) or visit visa (B-2) once you file
    > I-130.
    > > The reason why I asked about her going to school is that since under an
AOS
    > (I believe), she's not allowed to go back to the Philippines.
    > She is allowed to go back but she won't be able to get back unless
    > she has necessary documents.
    > As soon as she can do AOS, she can apply for Advanced Parole for
    > travel purpose (only if she has not been out of status, i.e her visit
    > visa or F-1 visa was maintianed valid). But (a BIG but), ...
    > (1) If you file I-130 for her when you are still a GC holder, by the
    > time she can do AOS, her visa status would most likely have been out
    > of status. See and understand the data of "visa bulletin" I told you
    > earlier.
    > (2) If you file I-130 as a citizen, AOS can be applied AT THE SAME
    > TIME (and also Advanced Parole + EAD). NOTE though that AP can be
    > applied *only if she has not been out of status when AOS is filed*.
    > Since you are not a citizen and only a GC holder now by the time you
    > become a citizen and file I-130 again for her (at that time AOS can be
    > filed too), she would most likely be out of status and would be
    > ineligible for AP unless she has mainatin her visa status.

    > Note that, there will be no priority category for option(2) in "Visa
    > Bulletin" because there is no quota limit for option 2 (for spouse of
    > US citizen) and hence AOS can be done *at the same time* I-130 is
    > filed (by you as a US citizen).
    > The only way to avoid being stuck here or stuck outside is to keep her
    > on visist visa (and extend it) and repeat the process y goign out of
    > the country OR come with F-1 visa (student visa) and attend school
    > while wait till you become a citizen to file I-130 (and AOS + Advanced
    > Parole). She can alos stay on H1 visa till you become a us citizen.
    > With visit or F-1 (student visa) she would be paying Int'l Student
    > rate fees to go to school. With H-1, she gets instate fees after 1
    > year residency. But,
    > If she comes on F-1 visa, and you, as a GC holder, file I-130, she
    > will be able to use her F-1 visa to go out and come back till that
    > visa stamp expires (the visa stamp need to be valid to enter US).
    > After that, she won't be able to apply for another F-1 stamp unless
    > she lies (or doesn't know) that she has I-130 pending, filed by you
    > and. If she tells the school about I-130 application by you to get
    > instate tution fees, the school won't give here a new I-20 (prove of
    > her admission to school) if she needs it (she would need a new I-20 to
    > apply for F-1 visa only if she change programs). If she doesn't chnage
    > program, degree plans, she can use the same I-20 but be ware of
    > breakign the law if she already filed for I-10 and are gettign instate
    > tuition fees. On I-130 pending status,

Please keep in mind that "I-130 pending" is not a valid status.

she would be considered a
    > resident (though it is for tuition fee purpose only) and if she is
    > paying a instate fees (implying that she knows tht she is on I-130
    > pending), applying for F-1 visa *knowingly* would be breaking a law.

    > She is allowed to go back to Phillipine any time she wants (no one
    > will stop her) but if I-130 is filed (as you being a GC holder) but no
    > AOS application yet, she won't be able to enter back on any visa other
    > than H-1 work visa or immigrant visa (immigrant visa because you can't
    > do AOS if she is not inside US while I-130 is processed and you will
    > have to switch to Consular Processing).
    > > She can go
    > > to school (maybe get a Masters Degree) while not being allowed to work
(or
    > > maybe while applying for a work visa/permit?).
    > Yes.
    > > What could be the requirements to be able to extend her stay? If she's
    > > under an application for AOS, do we still need to extend her stay,
noting
    > > that she's not allowed to go back to the Philippines if she's under
AOS?

If by "under AOS" you mean "applicant for adjustment of status" or "I-485
applicant" there is no requirement to extend status. As an applicant for
adjustment, she is authorized to stay in the U.S. until the I-485 is
adjudicated. And of course as an I-485 applicant she *can* legally travel
outside the U.S. and re-enter, if she is not subject to the 3 or 10 year
bars, and if she has obtained advance parole.

    > First, the statement "she cannot go back to Philiipines if she is
    > under AOS" is wrong. I am not even meaning that no one can stop you
    > and you can go. I am correcting you that you need to forget *that
    > assumption* you have. Understand what AOS means and what benefit you
    > get with AOS application depeding on whether you have maintained visa
    > status or not.

x24

Thanks to all of you who responded, we really appreciate it.

Anyway, while reading through the replies, I've somewhat came to the conlcusion that the best way to do this is for me to wait to be naturalized, then apply the I-130 for her. I am hopeful that my citizenship application won't take that long since I think that priorities, state-wise, are better here in Maryland (as compared to New York and California to name a few), and also that my dad was naturalized just 4 months after submitting his N-400. Reading along though, this caught my eye:

We don't really plan on her travelling outside the US once she gets here hopefully under the I-485 (AOS). As long as she is authorized to stay here while waiting for I-485, is fine with us because we can be together earlier. I do have to be a citizen already when this happens right? But then again, her being my spouse would then endanger her eligibility for AOS. Hopefully not.

Ok, summing it up. My best course of action would be:

- send my N-400 and wait for me to be naturalized.
- apply for I-130 for her

or, if we can get an F-1 (student visa) for her so she can enter the US, and after being naturalized, do I-130 + I-485 (AOS) + EAD + Advanced Parole at the same time. Advanced Parole might not be necessary since we don't plan on her leaving the US while under AOS.

Thanks again.

Amanda

"Sylvia Ottemoeller" <[email protected]> wrote in message news:<[email protected]>...
    > "Amanda" <[email protected]> wrote in message
    > news:[email protected]...
    >
    > > x24 <member25137@british_expats.com> wrote in message
    > news:<[email protected]>...
    >
    > > > Wow. Thank you so much for replying, and, giving clarifications on my
    > > > problem. Come to think of it, You have given me more information about
    > > > my problem compared to the answers of my inquiries with immigration
    > > > lawyers combined. I will surely run through your responses and see what
    > > > I can do.
    > > >
    > > > Questions regarding your responses about applying for AOS
    > > > when she's in the US.
    > > >
    > > > Originally posted by Amanda
    >
    > > > > IF you file petition for her once she is inside US, even though she
    > > > > waits to do adjustment of status, she will be inside US but can't work
    > > > > . I am not sure wheteher she can extend her vsiit visa.
    >
    > She will be able to extend her B-2 "visitor for pleasure" for -- at most --
    > a total of one year from the original entry. After that, unless she leaves
    > the U.S., or applies to change to another nonimmigrant status and is
    > successful, she will violate her status.

Yes, I mentined about maintaining visa status while wating to do AOS
if I-130 (Alien Peition) is filed when he's still a GC holder.

In fact, I was going to suggets that if doing F-1 takes time and keept
hem apart, she shoudl come with visit visa, try to get admission in a
MAster's program while oin visit visa (extend it if necessary) and onc
eget admission, switche to F-1 visa status (or go out of the country
and get F-1 stamp and come back in) and mainatin F-1 till he becomes a
citizen, i.e his citizenship is approved. At that point, he can file
I-130 and she can do do AOS (I-485 GC application) + EAD work permit
application + Advanced Parole (for travel permit) all AT THE SAME TIME
and would be safe.

Amanda

"Sylvia Ottemoeller" <[email protected]> wrote in message news:<[email protected]>...

<snip>
    >
    > If by "under AOS" you mean "applicant for adjustment of status" or "I-485
    > applicant" there is no requirement to extend status.


I was not sure about that requirement. Int hat case, she can even
choose to stay on vsit visa, extend it and then go out and get another
visit visa to come back, provided that that is possible, till he
becomes a citizen. I don't knwow hat's the chance for young people to
get Visit visa. For my country, it is not so great.


    > As an applicant for
    > adjustment, she is authorized to stay in the U.S. until the I-485 is
    > adjudicated.


    > And of course as an I-485 applicant she *can* legally travel
    > outside the U.S. and re-enter, if she is not subject to the 3 or 10 year
    > bars, and if she has obtained advance parole.

In another word, if she has mainatined her visit or F-1 visa status.

Amanda

AnnaV <member10565@british_expats.com> wrote in message news:<[email protected]>...
    > Uhm, there are a couple of things. One, merely being out of status does
    > not preclude getting an advance parole. The operative term is "unlawful
    > presence." With tourist and most non-immigrant visas, there is a
    > certain time with which the alien can remain in the US lawfully (i.e.
    > the date stamped on the I-94). Beyond that date, the alien begins to
    > accrue unlawful presence which is counted towards the 3 or 10 year bars.
    > If the overstay is less than 180 days, there are no bars, and MOSTLY one
    > can use advance parole without a hitch. 180 days or more, you're better
    > off not leaving the country while waiting for AOS.

Thanks for that minute detail.

    >
    > Story is different
    > for F1s who are admitted with D/S. Go look for those threads; they've
    > been discussed extensively in this newsgroup and others.

I am curious to read those. Do you know the title of any such thread?


    >
    > Lastly, a
    > student visa still requires a non-immigrant intent, and the consul will
    > look at your ties to your home country. I know of several potential
    > grad students who were denied F1s because they did not have sufficient
    > ties to their home country (family, etc). The fact that her spouse is
    > in the US will probably make it difficult for her to get an F1.

True.

    >
    > But
    > then again, nothing ventured nothing gained.

Yes.

    >
    > Caveat: I am not a
    > lawyer, and this is merely my opinion. I've been through the process
    > (just got my GC last week), and I'm speaking mostly from experience and
    > from anecdotal evidence I've gathered while researching the process. My
    > post does not presume to be absolutely correct in every detail.

Amanda

x24 <member25137@british_expats.com> wrote in message news:<[email protected]>...
    > Thanks to all of you who responded, we really appreciate it.
    >
    > Anyway,
    > while reading through the replies, I've somewhat came to the conlcusion
    > that the best way to do this is for me to wait to be naturalized, then
    > apply the I-130 for her. I am hopeful that my citizenship application
    > won't take that long since I think that priorities, state-wise, are
    > better here in Maryland (as compared to New York and California to name
    > a few), and also that my dad was naturalized just 4 months after
    > submitting his N-400. Reading along though, this caught my eye:
    >
    > >
    > If by "under AOS" you mean "applicant for adjustment of status"
    > or "I-485
    > > applicant" there is no requirement to extend status. As an
    > applicant for
    > > adjustment, she is authorized to stay in the U.S. until
    > the I-485 is
    > > adjudicated. And of course as an I-485 applicant she
    > *can* legally travel
    > > outside the U.S. and re-enter, if she is not
    > subject to the 3 or 10 year
    > > bars, and if she has obtained advance
    > parole.
    >
    > We don't really plan on her travelling outside the US
    > once she gets here hopefully under the I-485 (AOS). As long as she is
    > authorized to stay here while waiting for I-485, is fine with us because
    > we can be together earlier. I do have to be a citizen already when this
    > happens right?

Not "have to" but that's the best route to go since you are about to
apply for citizenship.

    > But then again, her being my spouse would then endanger
    > her eligibility for AOS.

Why? She will be able to do AOS because her husband is a citizen.

You need read again and understand the posts clearly. Alos, go to
http://uscis.gov and read family-baseed immigration.

    >Hopefully not.
    >
    > Ok, summing it up. My best
    > course of action would be:
    >
    > - send my N-400 and wait for me to be
    > naturalized.
    > - apply for I-130 for her

In the mean time, if you want her here, get her on a visit visa or
so.

    >
    > or, if we can get an F-1
    > (student visa) for her so she can enter the US, and after being
    > naturalized, do I-130 + I-485 (AOS) + EAD + Advanced Parole at the same
    > time.

Yes. If your waiting time to become a citzen doesn't
take long, she can even come here on visit visa instead of F-1 aND
WAIT WITH YOU TILL till you become a citizen to file I-130. She can
extend her visit visa once form inside.


Advanced Parole might not be necessary since we don't plan on her
    > leaving the US while under AOS.
    >

You might want to get it since you do not know when she will get her
GC interview (for AOS) and get her greencard approved and get GC
stamp.


    > Thanks again.