GC, Asylum, marriage
Jul 14th 2004, 6:33 pm
#1
Just Joined
Thread Starter
Joined: Jul 2004
Location: USA Midwest
Posts: 8
GC, Asylum, marriage
I got political asylum in 98 and I got filed my I-485 on Dec 28, 1999. My group (they approve only 10,000 cases a year) is scheduled to be processed from Oct 2004-Oct 2005.
(see here http://uscis.gov/graphics/fieldoffi...a/asyleeadj.htm )
Hopefully I will get my GC soon. Now my question: As far as I understood, I can not add my wife (who is on F-1 visa currently) to my application (because we got married after I filed my GC application (Dec 28, 1999 - still wating).
Once I have my GC approved (in few months), and when I apply for I-130 for my wife, how long will it take to get her visa number? My next question is what is the current backlog for I-130 and is there any other way for LPR to petition for his wife if she is on F-1. V visa law already expired, unless they pass HR 3701. After I get my GC, it will take me 4 years for citizenship and I've heard somewhere that I-130 takes 5-6 years. I'm not sure if she can stay in F-1 status all these years. This is not good way to plan a family.
V nonimmigrant status is to allow certain spouses and minor children of lawful permanent residents to reside and work in the United States while waiting to obtain immigrant status. Persons granted V nonimmigrant status must still wait until an immigrant visa number (priority date) becomes available -- in accordance with the Department of State’s monthly Visa Bulletin -- to apply for their Green Card, but they can stay in the US. If they leave US for travel, V visa is stamped in their passport so that they can come back. This looks like a very good solution if this bill ever passes.
I found only limited info. Anybody knows more about this or about this bill?
Any thoughts?
(see here http://uscis.gov/graphics/fieldoffi...a/asyleeadj.htm )
Hopefully I will get my GC soon. Now my question: As far as I understood, I can not add my wife (who is on F-1 visa currently) to my application (because we got married after I filed my GC application (Dec 28, 1999 - still wating).
Once I have my GC approved (in few months), and when I apply for I-130 for my wife, how long will it take to get her visa number? My next question is what is the current backlog for I-130 and is there any other way for LPR to petition for his wife if she is on F-1. V visa law already expired, unless they pass HR 3701. After I get my GC, it will take me 4 years for citizenship and I've heard somewhere that I-130 takes 5-6 years. I'm not sure if she can stay in F-1 status all these years. This is not good way to plan a family.
V nonimmigrant status is to allow certain spouses and minor children of lawful permanent residents to reside and work in the United States while waiting to obtain immigrant status. Persons granted V nonimmigrant status must still wait until an immigrant visa number (priority date) becomes available -- in accordance with the Department of State’s monthly Visa Bulletin -- to apply for their Green Card, but they can stay in the US. If they leave US for travel, V visa is stamped in their passport so that they can come back. This looks like a very good solution if this bill ever passes.
I found only limited info. Anybody knows more about this or about this bill?
Any thoughts?
Jul 14th 2004, 11:59 pm
#2
Guest
Posts: n/a
Re: GC, Asylum, marriage
>Subject: GC, Asylum, marriage
>From: nofreedom member26523@british_expats.com
>Date: 7/14/2004 2:33 PM Eastern Standard Time
>Message-id: <[email protected]>
>I got political asylum in 98 and I got filed my I-485 on Dec 28, 1999.
>My group (they approve only 10,000 cases a year) is scheduled to be
>processed from Oct 2004-Oct 2005.
>(see here
>http://uscis.gov/graphics/fieldoffi...a/asyleeadj.htm )
>Hopefully I will get my GC soon. Now my question: As far as I
>understood, I can not add my wife (who is on F-1 visa currently) to my
>application (because we got married after I filed my GC application (Dec
>28, 1999 - still wating).
>Once I have my GC approved (in few months),
>and when I apply for I-130 for my wife, how long will it take to get her
>visa number? My next question is what is the current backlog for I-130
>and is there any other way for LPR to petition for his wife if she is on
>F-1. V visa law already expired, unless they pass HR 3701. After I get
>my GC, it will take me 4 years for citizenship and I've heard somewhere
>that I-130 takes 5-6 years. I'm not sure if she can stay in F-1 status
>all these years. This is not good way to plan a family.
>V nonimmigrant
>status is to allow certain spouses and minor children of lawful
>permanent residents to reside and work in the United States while
>waiting to obtain immigrant status. Persons granted V nonimmigrant
>status must still wait until an immigrant visa number (priority
As long as you are married before you get I-485 approval, she can get her
green card with follow-to-join benefit. If you get married AFTER approval, you
are SOL.
>From: nofreedom member26523@british_expats.com
>Date: 7/14/2004 2:33 PM Eastern Standard Time
>Message-id: <[email protected]>
>I got political asylum in 98 and I got filed my I-485 on Dec 28, 1999.
>My group (they approve only 10,000 cases a year) is scheduled to be
>processed from Oct 2004-Oct 2005.
>(see here
>http://uscis.gov/graphics/fieldoffi...a/asyleeadj.htm )
>Hopefully I will get my GC soon. Now my question: As far as I
>understood, I can not add my wife (who is on F-1 visa currently) to my
>application (because we got married after I filed my GC application (Dec
>28, 1999 - still wating).
>Once I have my GC approved (in few months),
>and when I apply for I-130 for my wife, how long will it take to get her
>visa number? My next question is what is the current backlog for I-130
>and is there any other way for LPR to petition for his wife if she is on
>F-1. V visa law already expired, unless they pass HR 3701. After I get
>my GC, it will take me 4 years for citizenship and I've heard somewhere
>that I-130 takes 5-6 years. I'm not sure if she can stay in F-1 status
>all these years. This is not good way to plan a family.
>V nonimmigrant
>status is to allow certain spouses and minor children of lawful
>permanent residents to reside and work in the United States while
>waiting to obtain immigrant status. Persons granted V nonimmigrant
>status must still wait until an immigrant visa number (priority
As long as you are married before you get I-485 approval, she can get her
green card with follow-to-join benefit. If you get married AFTER approval, you
are SOL.
Jul 15th 2004, 11:24 pm
#3
Guest
Posts: n/a
Re: GC, Asylum, marriage
nofreedom <member26523@british_expats.com> wrote in message news:<[email protected]>...
> I got political asylum in 98 and I got filed my I-485 on Dec 28, 1999.
> My group (they approve only 10,000 cases a year) is scheduled to be
> processed from Oct 2004-Oct 2005.
> (see here
> http://uscis.gov/graphics/fieldoffi...a/asyleeadj.htm )
>
>
> Hopefully I will get my GC soon. Now my question: As far as I
> understood, I can not add my wife (who is on F-1 visa currently) to my
> application (because we got married after I filed my GC application (Dec
> 28, 1999 - still wating).
> Once I have my GC approved (in few months),
> and when I apply for I-130 for my wife, how long will it take to get her
> visa number? My next question is what is the current backlog for I-130
> and is there any other way for LPR to petition for his wife if she is on
> F-1. V visa law already expired, unless they pass HR 3701. After I get
> my GC, it will take me 4 years for citizenship and I've heard somewhere
> that I-130 takes 5-6 years. I'm not sure if she can stay in F-1 status
> all these years.
Once you file I-130 for her, she can get instate tuition fees (in CA,
TX, and may be other states too) and the school would treat her as a
resident ( int hat state if she has been living there for more than 1
year) for tuition fee purpose if she shows the registra's office her
receipt. Except for tuition fees purpose, she doesn't have any other
entitlement as a resident. Practically, she is still on F-1 but if
she wants to transfer school, the Int'l Student Office the school
might not provide I-20 anymore.
So, the answer is, if she stays at the same school, her F-1 would
defintely be in tact if she maintains all F-1 requirement, i.e full
time status, degree seeking, etc.
If she wants to transfer school, she may lose F-1 status if the
current school doesn't co-operate to provide I-120. Note that with
I-130 pending, she can apply for school admissions and would not need
valid F-1 status.
It is the responsibility of the beneficiary to maintian non-immigrant
visa status till time of AOS. The school wouldn't care..
>This is not good way to plan a family.
> V nonimmigrant
> status is to allow certain spouses and minor children of lawful
> permanent residents to reside and work in the United States while
> waiting to obtain immigrant status. Persons granted V nonimmigrant
> status must still wait until an immigrant visa number (priority date)
> becomes available -- in accordance with the Department of State?s
> monthly Visa Bulletin -- to apply for their Green Card, but they can
> stay in the US. If they leave US for travel, V visa is stamped in their
> passport so that they can come back. This looks like a very good
> solution if this bill ever passes.
>
> I found only limited info. Anybody
> knows more about this or about this bill?
>
> Any thoughts?
> I got political asylum in 98 and I got filed my I-485 on Dec 28, 1999.
> My group (they approve only 10,000 cases a year) is scheduled to be
> processed from Oct 2004-Oct 2005.
> (see here
> http://uscis.gov/graphics/fieldoffi...a/asyleeadj.htm )
>
>
> Hopefully I will get my GC soon. Now my question: As far as I
> understood, I can not add my wife (who is on F-1 visa currently) to my
> application (because we got married after I filed my GC application (Dec
> 28, 1999 - still wating).
> Once I have my GC approved (in few months),
> and when I apply for I-130 for my wife, how long will it take to get her
> visa number? My next question is what is the current backlog for I-130
> and is there any other way for LPR to petition for his wife if she is on
> F-1. V visa law already expired, unless they pass HR 3701. After I get
> my GC, it will take me 4 years for citizenship and I've heard somewhere
> that I-130 takes 5-6 years. I'm not sure if she can stay in F-1 status
> all these years.
Once you file I-130 for her, she can get instate tuition fees (in CA,
TX, and may be other states too) and the school would treat her as a
resident ( int hat state if she has been living there for more than 1
year) for tuition fee purpose if she shows the registra's office her
receipt. Except for tuition fees purpose, she doesn't have any other
entitlement as a resident. Practically, she is still on F-1 but if
she wants to transfer school, the Int'l Student Office the school
might not provide I-20 anymore.
So, the answer is, if she stays at the same school, her F-1 would
defintely be in tact if she maintains all F-1 requirement, i.e full
time status, degree seeking, etc.
If she wants to transfer school, she may lose F-1 status if the
current school doesn't co-operate to provide I-120. Note that with
I-130 pending, she can apply for school admissions and would not need
valid F-1 status.
It is the responsibility of the beneficiary to maintian non-immigrant
visa status till time of AOS. The school wouldn't care..
>This is not good way to plan a family.
> V nonimmigrant
> status is to allow certain spouses and minor children of lawful
> permanent residents to reside and work in the United States while
> waiting to obtain immigrant status. Persons granted V nonimmigrant
> status must still wait until an immigrant visa number (priority date)
> becomes available -- in accordance with the Department of State?s
> monthly Visa Bulletin -- to apply for their Green Card, but they can
> stay in the US. If they leave US for travel, V visa is stamped in their
> passport so that they can come back. This looks like a very good
> solution if this bill ever passes.
>
> I found only limited info. Anybody
> knows more about this or about this bill?
>
> Any thoughts?
Jul 16th 2004, 2:02 pm
#4
Just Joined
Thread Starter
Joined: Jul 2004
Location: USA Midwest
Posts: 8
Re: GC, Asylum, marriage
Thank you very much for the reply. This is very interesting. However, in-state and out of the state tuition on this university is the same :-( so for me it doesn't make a difference. Then only thing that might make a difference or make it easier for us is student loan. However, they require US citizen to cosign the loan, so I can not do it. Can I-130 application help with this? Can she apply for student loan based on I-130?
I've been researching our problem, and to be honest, I-130 and later V status (or V visa) is the only way only if they ever pass bill HR 3701. If not, then I guess keep paying until she becomes eligible for adjustment.
Any other comment would be appreciated.
I've been researching our problem, and to be honest, I-130 and later V status (or V visa) is the only way only if they ever pass bill HR 3701. If not, then I guess keep paying until she becomes eligible for adjustment.
Any other comment would be appreciated.
