Urgent Advice needed - F1 to GC (I20 expiry)

[piplanih]

Hi all,

I am a GC holder and have recently applied for my wife's green card (I-130, I-485 etc.).
My wife entered this country as a F1 student (we were married during her study program) and her I-20 is close to expiry.
Since she is already in the country legally and I have applied for the GC, do you know of any issues that can come up? What are the key points of law? She still has a approved visa until 2007.

I'm aware that travel outside the US will be limited as the "intent" has changed from non-immigrant to immigrant.

Thanks a bunch in advance.

[usnycus]

If you have already applied for I-485, you don't need to worry about I-20 or Student status. Her status is AOS. She requires AP to travel outside though.

[GeorgeF]

Originally Posted by piplanih

Hi all,

I am a GC holder and have recently applied for my wife's green card (I-130, I-485 etc.).

Be more than careful here. The I-485 will most likely be rejected because an immigrant visa is not available for her. Unless you are a USC you have to have I-130 approved prior to filing I-485.
If that's the case, she is not eligible for AP and she needs to maintain her F-1 status.

Originally Posted by usnycus

If you have already applied for I-485, you don't need to worry about I-20 or Student status. Her status is AOS. She requires AP to travel outside though.

Yes, that would be the case if piplanih was an USC and an immigrant visa would be readily available for his wife. But he mentioned he's only a GC holder.

[LucyMO]

my comment was just the same in the F-1 visas section. This guy is just GC holder, so unless he already has an approved I-130 and a visa number, his wife couldn't have applied for AOS.

[piplanih]

Thanks to everyone who replied. But I did some digging before filing:

The I-130 form and the I-485 form can be applied simultenously. And a legal permanent resident (GC holder) can apply for both at the same time. Please refer to the attached link of USCIS.

http://uscis.gov/graphics/formsfee/forms/i-485.htm

If the only concern is availability of a visa number and being out of status, that is addressed here as pointed out by "usnyus". Once 485 is applied for, the status becomes "adjustment of status". Only travel is an issue - an AP is required before travelling.

Welcome your thoughts?

[GeorgeF]

Originally Posted by piplanih

The I-130 form and the I-485 form can be applied simultenously. And a legal permanent resident (GC holder) can apply for both at the same time. Please refer to the attached link of USCIS.

Welcome your thoughts?

Where do you see that? You got it all wrong! Read it more carefully, especially the part about who is and who is not an immediate relative.

[piplanih]

Its unders special instructions. I'm copying the relevant details from the same webpage for your perusal:

Family-Based Applications

Immediate Relatives

If you are the immediate relative (spouse, parent or unmarried child under 21 years old)....

Special Instruction:
The I-485 in this case may be filed at the same time as the visa petition (I-130) which is filed by the U.S. citizen or lawful permanent resident.

[GeorgeF]

Originally Posted by piplanih

Its unders special instructions. I'm copying the relevant details from the same webpage for your perusal:

Family-Based Applications

Immediate Relatives

If you are the immediate relative (spouse, parent or unmarried child under 21 years old)....

Special Instruction:
The I-485 in this case may be filed at the same time as the visa petition

only if you are the immediate relative.

Originally Posted by piplanih

(I-130) which is filed by the U.S. citizen or lawful permanent resident.

It's the visa petition(!!!!!!) that's filed by USC or LPR.

Oh, and one more thing...
you wrote that you were copying relevant details... well in the sentence about immediate relatives, you put three dots (...) where the most relevant fact should have been " of US Citizens ".

[Jim Mills]

To file concurrently, you must be an Immediate Relative of a United States Citizen. Just because you do not like what people are telling you does not make it wrong.

Your wife has a serious problem. Hopefully, you are eligible for naturalization and can get her our of the problem that way.

[familybased]

I almost made same wrong impression when my green card mother applied for my petition. Here is the rule. If you are a spouse of USC, the visa number is available immediately to you and your wife may file I-130 and I-485 to adjust her status. However, if you are a green card holder, your spouse is under F2A category and the wait time is about 4.5 years to receive an immigration number. What you mentioned about special instruction is joint to follow. In other word, you and your wife got married before you adjusted your status. In that case, at the time you adjusted your status, you could include your spouse and children who are under 21 as derivative. I hope this will help you. Good Luck.

[usnycus]

Please note that you cannot apply for I-485 for your spouse unless priority dates are current for the category and in case of spouse of LPR its F2A.

In family based GC, only USC are allowed to file 130/485 concurrently for their spouse. LPR must wait after I-130 approval to be eligible to apply for I-485. For USC there is not numerical limit, but for LPR there is one.

Sorry for creating confusion by posting previous post. I thought you have pending I-485 at USCIS. But looks like you only applied for I-130 and still waiting for PD.

Originally Posted by piplanih

Thanks to everyone who replied. But I did some digging before filing:

The I-130 form and the I-485 form can be applied simultenously. And a legal permanent resident (GC holder) can apply for both at the same time. Please refer to the attached link of USCIS.

http://uscis.gov/graphics/formsfee/forms/i-485.htm

If the only concern is availability of a visa number and being out of status, that is addressed here as pointed out by "usnyus". Once 485 is applied for, the status becomes "adjustment of status". Only travel is an issue - an AP is required before travelling.

Welcome your thoughts?