F1 to GC

A

AmitRanga

Registered Users (C)
Hi Folks!! Any insight into the following situation will be highly appreciated.

I am a permanent resident and have applied for my citizenship in May 2003. My fingerprints were done in Aug. 2003. I applied for permanent residency for my wife in May 2001, based on my green card, while she was on F-1. Currently she is in on OPT, whcih expires in May 2004. She is working full time now. My question is:

1. Is it safe for her to travel outside the country, Europe or India now?
2. If i do not get my citizenship approved by May 2004, will she be considered out-of status from June 1, 2004?
3. What do I do to move her I-130 petition from that of a GC spouse to a citizen spouse.? How long will it take to get her GC? Wiil they consider the filing date as May 2001?
4. I have applied for naturalization with the Vermont Center. How long will it take to get my citizenship?

Any help/advise will be highly appreciated. Thx.
 
1. Is it safe for her to travel outside the country, Europe or India now? YES IT IS. TILL 2004.
2. If i do not get my citizenship approved by May 2004, will she be considered out-of status from June 1, 2004? YES SHE WILL BE.
3. What do I do to move her I-130 petition from that of a GC spouse to a citizen spouse.? How long will it take to get her GC? Wiil they consider the filing date as May 2001? THAT CAN BE DONE. HOWEVER YOU WILL BE SAFE TO APPLY fresh I-130 and I-485 together since she is in US already.
4. I have applied for naturalization with the Vermont Center. How long will it take to get my citizenship?
No GUARANTEES THERE BUT IT SHOULD NOT TAKE LONG..

You didnt apply for your wife's GC. You just applied for I-130. So that doesnt grant her any new status...

Once you have citizenship, you should apply for I-485 and I-130 tpgether for her asap if she is in US. Keep your fingers crossed to get the citizenship before May 2004..
 
AmitRanga,

Need to keep in mind that a F1 is a non-immigrant intent visa and an F-1 visa holder who has an I-130 filed for him/her clearly indicates to the officer at port of entry that the person is intending to immigrate and can be denied entry. Recommend to avoid travel if at all possible, until I-485 has been applied for and AP received (or she gets H-1 and travels on her own basis)

Also, unless you're in a few select BCIS districts where processing is faster, most naturalizations are taking longer than 12 months. Recommend your wife gets an alternate visa (preferably H-1, even part-time will do) to continue staying here after May 2004
 
It's risky for your wife to travel while her I 140 and I 485 are pending. It's especially risky because she is still on F1 and has changed from non to immigrant intent. There are many beneficiaries who are stuck in this country with pending cases like that, esp parents who have come here as tourists and the citizen son/daughter has filed for parents' I 130 and I 485. The situation teachnically will not be resolved even after you get naturalized. Best for her to sit tight.
 
detroitimmi,

Just to be clear, there is no (or lets say very little) risk of travel once one has an AP and has a I-485 approval pending. A person on I-485 pending status is NOT in an F-1 status any more, if the person's F-1 status has expired. As such, if the AP is valid, theres no risk to travel.

The problem only comes if one has filed only an I-130 (unlike the I-140, I-130 cannot be filed concurrently with I-485 unless the sponsor is a citizen), which does not confer any special status nor enables the beneficiary to get an AP. Travelling under an F-1 status under this circumstance is risky and ill-advised.

mgh2001
 
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