Forms for GC holder wife within US
- Thread starter philly007
- Start date
PraetorianXI
Banned
Under what visa did your wife enter the US? She can not adjust status until her priority date is current which will take 5-6 years.
thanks
yes, i know it's waiting time. I am just asking for type of forms to get in line i would say and then upgrade when I get citizenship.
Is it any website or link somebody now for GC HOLDER how submit I-130 package and what exactly should be included.
Thank you!
yes, i know it's waiting time. I am just asking for type of forms to get in line i would say and then upgrade when I get citizenship.
Is it any website or link somebody now for GC HOLDER how submit I-130 package and what exactly should be included.
Thank you!
TheRealCanadian
Volunteer Moderator
Sorry to derail things further, but I can't see what possible advantages this would have. You might as well save your money and just file when you become a citizen.
In response to your original question, just download the I-130 and follow the instructions. You'll need a copy of your GC and a copy of your marriage certificate as evidence, and anything else the I-130 asks for.
since she is in a non-immigrant status, you have to make sure that she has no plans to leave the US or change her status to another non-immigrant status (dual intent are exempt) until she files for AOS BEFORE you file I-130. If she intends to do neither, you can file I-130.
I am totally confused 
if we just plan to extend her F-1 during 2 year period till my citizenship and not to change to any other type of visa or file for AOS at this point then you suggest to file I-130 and then upgrade?
We can't even file for AOS at this point since we don't have any basis for that according to your reply. Please advise.
If I file I-130 do you think it would be a problem to extend her F-1 status thought the school since it's expring in 8 months?
THANK YOU!
if we just plan to extend her F-1 during 2 year period till my citizenship and not to change to any other type of visa or file for AOS at this point then you suggest to file I-130 and then upgrade? We can't even file for AOS at this point since we don't have any basis for that according to your reply. Please advise.
If I file I-130 do you think it would be a problem to extend her F-1 status thought the school since it's expring in 8 months?
THANK YOU!
TheRealCanadian
Volunteer Moderator
A filed I-130 is pretty much death for an F-1 extension or readmission to the US in that category. For that reason alone I would suggest you NOT file the I-130 until you become a citizen.
Absolutely.
I disagree with the "death for extention" part. Extending F-1 status is done very easily and pretty much without USCIS participation - just by issuing a new I-20 to a student. IT is death for readmission or changing your status to another non-immigrant status, though. THat's why I said - make sure she doesn't want to CHANGE her status to anything else in the years before you get your citizenship.
Thank you very much!!! It's much clear now. So, If I file I-130 now it won't be any problem for her F-1 extension while she is here right?
Another question, does it give any benefits to fie I-130 and then upgrade or just wait and apply after citizenship for AOS? Please advise, it's not clear in this question.
THANKYOU!!!
Another question, does it give any benefits to fie I-130 and then upgrade or just wait and apply after citizenship for AOS? Please advise, it's not clear in this question.
THANKYOU!!!
PraetorianXI
Banned
It does not make a difference really. The best thing is to file concurrently (I-130 and I-485 at the SAME TIME).
And you will not be able to do that until you are an US Citizen.
And you will not be able to do that until you are an US Citizen.
The only reason we filed the forms separately (even though my hubby is a USC) is to save money. The prices for forms were going to go up in a month, and we were not ready to file I-485. So, we filed I-130 first, and then I-485.
the only advantage to filing I-130 separately (as it proved in two cases on another forum) is when the LPR spouse would be stuck in a name check for years after filing for citizenship, and the other case was that the husband was ineligible to file for citizenship due to several crimes (DUI, reckless driving, marijuana charges, etc.). IN this case I-130 filed by an LPR would have become current before the spouse could apply for citizenship.
Think about it - nobody is safe from getting into a bad accident and being charged with a vehicular manslaughter....
the only advantage to filing I-130 separately (as it proved in two cases on another forum) is when the LPR spouse would be stuck in a name check for years after filing for citizenship, and the other case was that the husband was ineligible to file for citizenship due to several crimes (DUI, reckless driving, marijuana charges, etc.). IN this case I-130 filed by an LPR would have become current before the spouse could apply for citizenship.
Think about it - nobody is safe from getting into a bad accident and being charged with a vehicular manslaughter....
Thank you so much LucyMO for the information. I appreciate your help.
I don't want to be annoying but last question. What if we file I-130 separately and decided not to extend F-1 visa. In the other words if the wife will be out of status while I-130 is in the process do you think it might be a big problem ???
Thank you very much!
I don't want to be annoying but last question. What if we file I-130 separately and decided not to extend F-1 visa. In the other words if the wife will be out of status while I-130 is in the process do you think it might be a big problem ???
Thank you very much!
PraetorianXI
Banned
Thank you so much LucyMO for the information. I appreciate your help.
I don't want to be annoying but last question. What if we file I-130 separately and decided not to extend F-1 visa. In the other words if the wife will be out of status while I-130 is in the process do you think it might be a big problem ???
Thank you very much!
The I-130 does NOT provide your wife with any kind of legal status. It only establishes a relationship between a US Citizen or Resident and a relative. THEREFORE, your wife MUST maintain her F-1 status OTHERWISE, she will indeed be subject to removal.
It may or may not be a problem for her to fall "out of status" because you never know if she will be targeted by ICE or not... but the best thing is for her to maintain her status, ONCE she is able to file I-485 (when you become US Citizen) THEN her status will not depend upon her F-1 visa, but on the adjudication of her Adjustment of Status.