ivanonthestove
New Member
What is the difference between I-130 chances when filled for spouse by citizen and permanent lawful resident? Except citizens have right to petition for wider range of relatives. What advantages citizens have here, if any?
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
I-130 for spouse from citizen or greencard holder - difference?
- Thread starter ivanonthestove
- Start date
ivanonthestove
New Member
Thanks a lot.Spouse of citizen is in the Immediate Relative category, which has no wait for visa numbers. Spouse of permanent resident is in the F2A category which has a wait of around 2 years for visa numbers currently.
But what about spouse who is already in the US ?
Same thing. Except that for a category that is current (e.g. Immediate Relatives) I-130 and I-485 can be filed concurrently. Also, for Immediate Relatives, they don't need to be in status to be eligible for Adjustment of Status, whereas all other categories are required to be in status to do AOS.Thanks a lot.
But what about spouse who is already in the US ?
ivanonthestove
New Member
Any legal status counts to be eligible to do AOS as an F2A currently in the US? For example F1 student visa would work ?
Most legal statuses, yes, including F1. Remember that you can only do AOS once a visa number is available for the petition date.Any legal status counts to be eligible to do AOS as an F2A currently in the US? For example F1 student visa would work ?
ivanonthestove
New Member
Thanks a lot.
And a last question, if the marriage happened just recently wouldn't that be a major problem for petition approval? Or even if they deny I can appeal to be interviewed to prove that relationship? In other words can they just deny petition due to recent marriage and deport her after F1 ends. Relationship is 100% real and can be proven with thousands of pictures across all parts of the US, cool wedding at Alaska and other proper stuff.
And a last question, if the marriage happened just recently wouldn't that be a major problem for petition approval? Or even if they deny I can appeal to be interviewed to prove that relationship? In other words can they just deny petition due to recent marriage and deport her after F1 ends. Relationship is 100% real and can be proven with thousands of pictures across all parts of the US, cool wedding at Alaska and other proper stuff.
I don't know why you think a recent marriage will be a problem. It is very common that people marry and then immediately petition the spouse for immigration.Thanks a lot.
And a last question, if the marriage happened just recently wouldn't that be a major problem for petition approval? Or even if they deny I can appeal to be interviewed to prove that relationship? In other words can they just deny petition due to recent marriage and deport her after F1 ends. Relationship is 100% real and can be proven with thousands of pictures across all parts of the US, cool wedding at Alaska and other proper stuff.
ivanonthestove
New Member
Just because I thought that this may look pretty suspicious like if the marriage has taken place for the immigration purposes solely, especially knowing the fact the she has already been married previously, but this is manageable, i got it thank you.
So basically I-130 does not give any statuses before approval, so if she is waiting for approval in F1 and then looses status for any reason she will be deported and will have to wait abroad for the approval?
So basically I-130 does not give any statuses before approval, so if she is waiting for approval in F1 and then looses status for any reason she will be deported and will have to wait abroad for the approval?
I-130 does not give any status or ability to stay in the US at all, before or after approval. Only I-485 gives ability to stay in the US. Yes, if she goes out of status she will have to leave and do Consular Processing from abroad instead of Adjustment of Status in the US. Unless you become a citizen.Just because I thought that this may look pretty suspicious like if the marriage has taken place for the immigration purposes solely, especially knowing the fact the she has already been married previously, but this is manageable, i got it thank you.
So basically I-130 does not give any statuses before approval, so if she is waiting for approval in F1 and then looses status for any reason she will be deported and will have to wait abroad for the approval?
ivanonthestove
New Member
Yes I meant I-485 after I-130. So as far as I understand, becoming a citizen just speeds up the waiting time in that case scenario, so she will fall into Immediate Relative category and will be processed faster.
Thank you a lot your help is really hard to underestimate.
Thank you a lot your help is really hard to underestimate.