currently f-1, what wd be status after i-130?

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lpr3000

New Member
Hi Mr. Khanna,

Thank you for this forum.
I have a green card, I will be eligible for citizenship in Dec. 2009. I plan to get married to my fiancee this month (12/2008), she is a student holding F-1 visa at this time. If I apply I-130 for her immediately after marriage, can she then quit her studies (and thus give up F-1 status) and continue to reside with me legally in the U.S., until her GC is approved?

Also, if she cannot give up F-1 status, would it be ok to have I-130 being processed while still in F-1 status?

Thank you for your help.
 
I think I-130 alone is for those who are outside the US. I-485 is the one that will change your wife's status. Might as well wait till you get you citizenship and file both. I don't know. That's what I would do, unless someone has a better idea.
 
lpr3000 said:
Hi Mr. Khanna,

Thank you for this forum.
I have a green card, I will be eligible for citizenship in Dec. 2009. I plan to get married to my fiancee this month (12/2008), she is a student holding F-1 visa at this time. If I apply I-130 for her immediately after marriage, can she then quit her studies (and thus give up F-1 status) and continue to reside with me legally in the U.S., until her GC is approved?

Also, if she cannot give up F-1 status, would it be ok to have I-130 being processed while still in F-1 status?

Thank you for your help.
Click to expand...

If you become eligible in Dec 2009, lets say, you get it in April 2010 (good case scenario). That means that you still have to go almost a year and a half to go before you get your citizenship. Is there any reason your wife will need to apply for OPT/CPT/F1 visa at any US consulate for re-entry? If so, I might wait until you get your citizenship and file for I-130/I-485 at the same time and not express immigration intent at this point in time. I might even anticipate entry problems on a valid F1 visa for your wife, if you have applied I-130 for her, because of the demonstrated immigrant intent. If your wife conceals her I-130 filing if asked, either on the visa application at US consulate or to the inspector at the time of admission, visa fraud may be determined. If that is the case, she may be permanently barred from admission.

If F1 (or re-entry using F1 visa) is not your or your wife's concerns, than I don't see any need to wait. If she does not seek to extend or transfer the Form I-20 (Certificate for Eligibility for Student Status), she should be fine because there is normally no circumstance where she would be asked about the disclosure of filing I-130 on her behalf.

Bottomline, don't apply for I-130 if she (1) intends to leave & reenter the country before you get your citizenship. (2) intends to extend/transfer I-20 (3) intents to apply for OPT (I looked at I-765 and I don't see anywhere that she has to disclose anything about I-130, so I think that OPT "should not" be a problem even after filing I-130).
 
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if you file I-130 alone, and then she doesn't maintain her F-1 status by going to school full-time, then she will be OUT OF STATUS untl she can file I-485 (when you become a citizen).
 
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