Aid for an aids (hvi) issue

igui

Registered Users (C)
Hello, I really need help about my case.

My I-140 has been approved so I'm going to apply for a temporary work permit while the green card process continues.

My wife is seropositive (HVI). I've been told that she can't apply with me, but once I'm a legal permanent resident, she can apply for a waiver.

My present status is O1 and my wife and daughter have an O3 visa.

So, this is what I'm planning to do:

- I'm going to go ahead with my application for the green card and my wife will wait for my approval to apply for a waiver.

THE NEXT ISSUE IS WHAT TO DO SO MY WIFE AND DAUGHTER CAN STAY HERE WITH ME DURING THE PROCESS. PER MY UNDERSTANDING, IN THE MOMENT THAT I APPLY FOR THE GC, I LOOSE MY O1 AND THEY LOOSE THEIR O3 VISAS. THIS IS WHAT WE ARE PLANNING:

- First I would like to confirm that they can't use their O3 status at all.

- Another possible solution is using a B1/B2 VISA that my wife still has in her passport. Some time ago immigration approved her this visa until 2014. I don't know if it is still valid, because she has being entering with the O3 visa. I also have to confirm this.

- If none of the above is possible, maybe she can apply for a new B1/B2 visa, because her husband is in USA waiting for a green card.

Please, can anyone help us with this situation?

Thanks very, very much,

igui
 
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