applying for F-1 wife with green card

A

acharya007

Registered Users (C)
I am a LPR and will be becoming citizen in August 2011. My wife has F1 visa and is currently a full time student. Her visa expires june 2011. Her I-20 had expired once and filed for reinstatement which was approved by uscis. she has never missed a semester, and have been full time all along. Her program of study (which is nursing) wont be finished by june meaning her college might extend her I-20. So,
1) I am is dilemma whether to file for her now or after becoming citizen.
2) if I file now should I file I-130 only or I-485 too?
3)Is there a chance of any complications because of the reinstatement thing?

Thank you very much for reading and your help.
 
File for her now, the waiting time has reduced to just 3-4 months according to the December visa bulletin for spouse of a LPR to be able to file I-485 after I-130, it's pretty much coming down to the same time needed for a USC, because by the time the I-130 gets approved (2-3 Months) your priority date will be about to get current.
You will only file I-130 at this time until the PD becomes current at that time you can file I-485, once I-485 is filed even if her status runs out waiting for a interview her overstay will be protected by virtue of a filed I-485.
 
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namecheckvictim said:
You will only file I-130 at this time until the PD becomes current at that time you can file I-485, once I-485 is filed even if her status runs out waiting for a interview her overstay will be protected by virtue of a filed I-485.
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Thank you namecheckvictim for answering my question. So what happens when the priority date becomes current? Does it mean the date that I-130 gets approved? and I should wait for I-130 to be approved before applying for I-485?
 
When your PD becomes current thats when you file the I-485, it has nothing to do with I-130 approval, a I-130 should get approved in 2-3 months.
After you recieve the approval start looking up the PD for your category on the monthly visa bulletin, when current file I-485 immediately.
 
namecheckvictim said:
When your PD becomes current thats when you file the I-485, it has nothing to do with I-130 approval, a I-130 should get approved in 2-3 months.
After you recieve the approval start looking up the PD for your category on the monthly visa bulletin, when current file I-485 immediately.
Click to expand...

How do you check your Priority date is current or not?
 
Find the Visa Bulletin. http://travel.state.gov/visa/bulletin/bulletin_1360.html

The priority date is the date that the I-130 is properly filed. The PD becomes "current" when it is BEFORE the date listed in the Visa Bulletin for that category (F2A: spouse of LPR) for her country. An I-485 may be filed beginning in the month when it is first current. It is rare but possible that if you do not file immediately, the date could retrogress to an earlier date the following month or later month. A PD MUST be current at time of filing AND at time of approval. The retrogression problem is more of an issue in certain employment based categories but family based categories are not immune to it.
 
Thank you for the reply BigJoe5, that explains a lot. The date for 2A category on Dec visa bulleting is August 2010 but on Jan Visa bulletin its 2008. Is that an example of retrogression?
 
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acharya007 said:
Thank you for the reply BigJoe5, that explains a lot. The date for 2A category on Dec visa bulleting is August 2010 but on Jan Visa bulletin its 2008. Is that an example of retrogression?
Click to expand...

The PD listed in the Visa Bulletin starts out as the best guess based on the information available at the time the guess is made. They consider how many petitions were approved in the past and using statistics of past actual visa useage they see what's on hand and what date they should publish in order for enough people in the pool to apply for enough visas to provide sufficient workflow. Once in a while they guess wrong and open up a window and get MORE applications than were expected and have to slow things down by moving the PD back.
 
My I130 case was approved today(Apr 22 2011-filed on Nov 2010) but on visa bulletin the priority date for F2A category is 01APR07 which means its going to take a long time to get GC through green card. I will be becoming citizen in September 2011. What should I do after I get my Citizenship? Is there any way to apply for work permit until then because her student VISA expires in July. Thank you for comments and suggestions.
 
looks like forum was backed up from old backup because some of the posts in my thread are missing. Anyways...
I had my citizenship interview on Tuesday Dec 20, I passed the interview and took the oath same day. Since my wife's(currently F1), I130 is already approved I just wanted to make sure I'll be filing the right papers. Please advise:
1.The ones I know are I-485, I-693, I-765. Do I have to fill out any affidavit of support or something else..
2.Another question is that she took classes this fall semester just to not loose her status. Now since I'll be filing AOS does she need to register for classes for Spring 2012?
3.what should be the answer for the question on part 2 application type ...i am applying for PR status because?
 
Last edited by a moderator:
acharya007 said:
looks like forum was backed up from old backup because some of the posts in my thread are missing. Anyways...
I had my citizenship interview on Tuesday Dec 20, I passed the interview and took the oath same day. Since my wife's(currently F1), I130 is already approved I just wanted to make sure I'll be filing the right papers. Please advise:
The ones I know are I-485, I-693, I-765. Do I have to fill out any affidavit of support or something else..
Another question is that she took classes this fall semester just to not loose her status. Now since I'll be filing AOS does she need to register for classes for Spring 2012?
Click to expand...

Also add the I-131, her G-325 (for her I-485), the I-864 and financials, a copy of the I-130 notice and a copy of your natz cert. along with your request to UPGRADE the I-130. She may need to butt heads with the school about her proper classification (treated as an LPR rather than an International Student). Just hope the adjustment is fast.
 
BigJoe5 said:
Also add the I-131, her G-325 (for her I-485), the I-864 and financials, a copy of the I-130 notice and a copy of your natz cert. along with your request to UPGRADE the I-130. She may need to butt heads with the school about her proper classification (treated as an LPR rather than an International Student). Just hope the adjustment is fast.
Click to expand...

Thank You BigJoe5. I had couple more questions
1.In form I-485 what should be the answer for the question on part 2 "Application type" ..."I am applying for PR status because?"
2. If my wife doesn't go to college at all next semester which starts 3rd week of Jan(and she hasn't registered for classes) will it jeopardize her application?
3. With form I-864 I read that they also require IRS tax return transcript and my wife has worked outside of college using her SSN(which is obviously not considered legal). These tax returns were filed joint. will this create a problem?

Thank you
 
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