Travelling to UK etal
May 12th 2003, 4:48 am
#1
Guest
Posts: n/a
Travelling to UK etal
Hi there,
Need help in the following scenario:
My Sister in Law came (from India) on a F2 visa (oct 2001) and then changed
to F1 visa (PhD student sept 2002, a signed I20 was received from INS). Her
husband applied for Green Card under outstanding researcher category in Nov
2002 with all the documents (I140, I485, travel and EAD applied together).
Yet to receive Travel document. Received SRC numbers and finger printing
notice only. Her cousin is getting married in UK so she wanted to travel
there on her F1 visa and get a visa stamp in US embassy in UK. Is this safe,
valid, what may be the problems, Is there a way for her to attend the
marriage.
Doesn't want to go to India get stamp then UK(time constraint)
Much thanks in advance
Need help in the following scenario:
My Sister in Law came (from India) on a F2 visa (oct 2001) and then changed
to F1 visa (PhD student sept 2002, a signed I20 was received from INS). Her
husband applied for Green Card under outstanding researcher category in Nov
2002 with all the documents (I140, I485, travel and EAD applied together).
Yet to receive Travel document. Received SRC numbers and finger printing
notice only. Her cousin is getting married in UK so she wanted to travel
there on her F1 visa and get a visa stamp in US embassy in UK. Is this safe,
valid, what may be the problems, Is there a way for her to attend the
marriage.
Doesn't want to go to India get stamp then UK(time constraint)
Much thanks in advance
May 12th 2003, 11:48 am
#2
Guest
Posts: n/a
Re: Travelling to UK etal
On Mon, 12 May 2003 11:48:58 -0500, Nash wrote:
> Hi there,
> Need help in the following scenario:
> My Sister in Law came (from India) on a F2 visa (oct 2001) and then
> changed to F1 visa (PhD student sept 2002, a signed I20 was received
> from INS). Her husband applied for Green Card under outstanding
> researcher category in Nov 2002 with all the documents (I140, I485,
> travel and EAD applied together). Yet to receive Travel document.
> Received SRC numbers and finger printing notice only. Her cousin is
> getting married in UK so she wanted to travel there on her F1 visa and
> get a visa stamp in US embassy in UK. Is this safe, valid, what may be
> the problems, Is there a way for her to attend the marriage.
I am assuming that her husband filed an I-485 for her as well as for
himself?
Unfortunately, it is NOT safe to use the F-1 in this way. Only H-1Bs and
L-1s can do this. And, yes, people have got deported over similar issues.
Incidentally, her F-1 status ended when the I-485 was filed (which is not
a problem, just you need to be aware of it).
If she leaves the US now, she would be considered to have abandoned her
I-485 and would then have to wait for her husband's I-485 to be approved
before she could apply for a follow-to-join immigrant visa.
The best thing she can do at this point is contact the local
Congressperson and see if they can help accelerate the advance parole
document.
The second best thing, of course, is to cancel the trip.
> Doesn't want to go to India get stamp then UK(time constraint)
Sorry, even going to India wouldn't help in this case.
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please visit my new FAQ at http://www.kkeane.com with a list of interesting
immigration links.
My email address in usenet posts is now invalid for spam protection.
Please feel free to enjoy some of my photographs at my new Web site
http://www.ingopakleppa.com ! Comments are welcome.
> Hi there,
> Need help in the following scenario:
> My Sister in Law came (from India) on a F2 visa (oct 2001) and then
> changed to F1 visa (PhD student sept 2002, a signed I20 was received
> from INS). Her husband applied for Green Card under outstanding
> researcher category in Nov 2002 with all the documents (I140, I485,
> travel and EAD applied together). Yet to receive Travel document.
> Received SRC numbers and finger printing notice only. Her cousin is
> getting married in UK so she wanted to travel there on her F1 visa and
> get a visa stamp in US embassy in UK. Is this safe, valid, what may be
> the problems, Is there a way for her to attend the marriage.
I am assuming that her husband filed an I-485 for her as well as for
himself?
Unfortunately, it is NOT safe to use the F-1 in this way. Only H-1Bs and
L-1s can do this. And, yes, people have got deported over similar issues.
Incidentally, her F-1 status ended when the I-485 was filed (which is not
a problem, just you need to be aware of it).
If she leaves the US now, she would be considered to have abandoned her
I-485 and would then have to wait for her husband's I-485 to be approved
before she could apply for a follow-to-join immigrant visa.
The best thing she can do at this point is contact the local
Congressperson and see if they can help accelerate the advance parole
document.
The second best thing, of course, is to cancel the trip.
> Doesn't want to go to India get stamp then UK(time constraint)
Sorry, even going to India wouldn't help in this case.
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please visit my new FAQ at http://www.kkeane.com with a list of interesting
immigration links.
My email address in usenet posts is now invalid for spam protection.
Please feel free to enjoy some of my photographs at my new Web site
http://www.ingopakleppa.com ! Comments are welcome.
