Difficult case

kamran130 said:
I am on F-1 visa Optional practical training which will end on the 3rd Jan 2006. My wife is a GC holder and has filed her naturalization papers received by USCIS on Oct 21 2005.Her finger printing date is on Nov 15 2005. It will be late March till she gets her naturalization certificate and become a citizen. I will have 60 days after Jan 3rd 2006 to of spare time to decide what I want to do. After that I will be out of status. My question is that, is there any form I could file that would allow me to be recognized as a spouse of a USC to be. Any loop holes or appeals I can make use of. It is my understanding that if I leave the country, it will be a long time before I can get a visa to come back. I would greatly appreciate any input on this matter. :)
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No loopholes here... You will get out of status, your wife becomes a USC and then you will be eligibly to apply for I-485 and get back on status. My advice is to start collecting all information/documents/forms and be ready so that you can send your AOS papers the day your wife gets her naturalization certificate.

Maybe others in similar situation can give their opinion...
 
Can anyone tell me if being out of status will have any negative impact on my GC processing. Also should I file my i-485 now and have my wife file the i-130 or shouel I wait till she becomes a USC
 
Your being out of status should NOT have any negative impact on the whle process. You cannot file I-485 without I-130. You are filing I-485 based on I-130.
The best thing to do would be to wait till your wife becomes USC. Then as a spouse of USC ur out of status stay or even unathorized employment will be forgiven. But try and maintain your status till you file your I-485, even though you dont have to, but its always better to be on the safe side.
 
and if you do fall out of status, that doesn't mean that you are accumulating illegal presense, but just in case - do not travel overseas until you get a GC. Other than that - a month out of status will be forgiven when you adjust.

P.S. If your wife never filed I-130 for you and its priority is not current, then you can only file I-485 (with I-130) when your wife becomes a citizen.
 
Make sure you do not travel out of the US when out of status. You will be subject to 3/10 yr ban. Once your wife is a citizen you can file concurrently I-130,I-485 etc. Their website says if USC sponsor's out of status spouse they will be fine.
 
since he is an f-1 student, he may not be subject to a ban, like all other people. That really depends on his circumstances. Plus, you'd have to accumulate over 180 days of Illegal presense (not out of status time) in order to get a ban....
 
I have another question please,

If I file my I-130, can I still get an i-20 form a university after that for a masters program. or do I have to hold off on filing my I-130 later.
 
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