Stuck in name check and want to sponsor

R

Riverbats

Registered Users (C)
Hey guys!

While I have been stuck in this name check delay since May 2006, I have since married an F1 visa holder. She has been in school and in status so we didn’t have any problems. I was not filing for her adjustment since I wanted to wait for my citizenship as it is much faster.

However, since I am still waiting for my citizenship and we are expecting a baby soon, my wife can’t exactly maintain full time status at school and so we were thinking of applying for her adjustment of status.

Is anyone familiar with this?

I was wondering if she would be considered legally in status after we had applied for adjustment?

Also, how soon do such applicants get their employment authorization? Will she be able to work while we wait?

Can she go to school a few months after the baby and not have to maintain full time status?

I would really appreciate if anyone could help me or point me in the right direction.


Many thanks!

Riverbats
 
I applied for Adjustment of Status (I-485) from a K-1 fiance visa just after we got married (my wife is US citizen). We filed in person at the District Office. They stapled the receipt to the Passport to show evidence that the I-485 was filed until the interview.

I still had to apply for:
- yearly work permit
- advance parole to travel out of the country

Still, as soon as I had filed I no longer was on the K-1 visa, I was "I-485 applicant with case pending", wihch maintained my legal resident status.
 
Riverbats said:
I was wondering if she would be considered legally in status after we had applied for adjustment?
Click to expand...

Until you become a USC, your sponsorship of a spouse would fall under F2A category, and is thus subject to a priority date currently hovering around Jun 2002 for most chargeable areas. Your wife would not be eligible to file for adjustment of status until some time in 2012, and until that point, she cannot apply for work authorization, or even remain in the country legally without some other valid visa.

Your best hope is that your namecheck clears up and then you can sponsor her in IR category (no priority date), and file I-485 immediately.
 
Ask ISO for reducing course load while still maintain full time status

Riverbats,

I would think that if approved by ISO in her school, your wife should be able to maintain full time status while taking less than normal course load.

Why not give a try at the ISO?
 
Riverbats said:
I was wondering if she would be considered legally in status after we had applied for adjustment?
Click to expand...

Adjustment of status application (I-485) cannot be filed for her and she would need to wait for her priority date to be current in order to file I-485. Why? Because you are a green card holder and not a US citizen. Thus, a visa number won't be immediately available for her; instead she would fall under F2A category.

However, a petition (I-130) could be filed for her, but she won't be considered in a legal status by filing this application. Thus, it won't protect her from deportation. Neither it will allow her to obtain Advance Parole, Work Authorization or any other benefit. Filing of I-130 or even approval of this petition means nothing because it just establishes the ground for Adjustment of Status than providing any other benefit.
 
Riverbats said:
Can she go to school a few months after the baby and not have to maintain full time status?
Click to expand...

In normal situation maintaining a full time status is mandatory for students but since she is going to deliever a baby then a rule in this respect could be flexible for her depending upon the approval by ISO in her school. She seems to have a pretty good chance at it.
 
Check with her school and find out if they allow a leave of absence for medical reasons and will let her stay on F1. Meanwhile you can already file 1447b.
 
Thank you for your prompt responses. I will try and post under GC thread and see what others have to say too.
We already spoke with ISO seems pregnancy of having a baby is not considered a legitimate reason for reducing course load or taking a semester off at her school. We will still keep digging and if you come across something please help me out.

Many thanks!
 
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