GC holder married F1 Student Visa holder

L

Lalmba

Registered Users (C)
Hi all,

I am a GC holder (DV1) and my wife is F1 Visa holder (will be on status till 6/2013). According to the USCIS web site I need to file I-130 for her and G-325 one each for her and I.

Question: -

1) Will this affect her F1 Visa?
2) Can I also file I-485 at the same time? If not when can I file I-485?
3) Do you know how long it takes to get a priority date and when does a priority date start from, I mean is it day of filing I-130 or day application got approved?

I really appreciate any help and guidance I can get. :)
 
You can file an I-485 if her priority date is current. You need to look at the visa bulletin to see if that's the case. I'm not sure but I think there is a few months lag. Yes this will affect her F1 visa and she may be denied entry if she leaves except with advance parole. You should look up the priority dates for your category on the USCIS website that will tell you approximately how many months you will have to wait before filing a 485.
 
Lalmba said:
1) Will this affect her F1 Visa?
2) Can I also file I-485 at the same time? If not when can I file I-485?
3) Do you know how long it takes to get a priority date and when does a priority date start from, I mean is it day of filing I-130 or day application got approved?
Click to expand...

1) Yes and no ... she can continue to study with her F1 after you file the I-130, but she'll probably be unable to reenter the US with the F1 visa if she leaves.
2) No. You have to file I-130 first to establish a priority date, then wait 6+ months till the visa bulletin crosses your priority date in the family 2A category, at which time you can file the I-485 (note that the visa bulletin takes effect in the month after it is published).

3) Priority date = I-130 filing date.

Now would you please answer these questions:
a) When did you get your GC?
b) When did she apply for her F1?
c) Was she married or engaged to you when she applied for the F1?
d) When did she last enter the US?

Depending on your answers, things may get faster and simpler or more complicated (I'll explain).
 
Last edited by a moderator:
Thanks Jackolantern,

a) I got my green card on 11/2005 but have still 2 years for USC as I was out for 2 years
b) she applied for her F1 this year
c) no we were neither married nor engaged not even thinking of getting married when she applied... all happened later
d) last time she came was around june/july this year.
 
Lalmba said:
c) no we were neither married nor engaged not even thinking of getting married when she applied... all happened later
Click to expand...

How much time passed between her applying for the visa and you marrying her? If it's a short time, it might be difficult to convince USCIS that she didn't already plan to marry you when applying for the visa.
 
more than 6 months, why do I need to convince them about the marriage? It is a real marriage she is from Australia and the hardest part for me was to convice her to live in America.
 
"Real marriage" is not the issue. The issue is whether she failed to disclose having a fiance in the US when she applied for the visa (the visa form asks about spouse, fiance, parent, child, etc. in the US). If they think she lied on the visa application, her green card is likely to be denied.

And if she got married to you soon after entering with the F1 visa, or was already married to you at her last entry with the visa, that also raises the issue of having preconceived immigrant intent when entering with the visa. Normally they are lenient about the immigrant intent issue when it comes to spouses of US citizens, but you are not a US citizen and won't become one for another 2 years. However, the immigrant intent issue can be avoided entirely if consular processing is selected instead of adjustment of status.
 
But she did not have a fiance in the US, Till recently she did not have any intention of marriage and engagment.
 
It's not me you have to convince. What's important is how USCIS sees it.

You said she last entered the US about 3 or 4 months ago. Was she already married at that time? If not, when did you marry her? If she was already married when she entered, or got married in less than 2 months after she entered, attempting adjustment of status in the US would be risky due to the appearance of immigrant intent (but like I said, the immigrant intent issue will not arise if she completes the process outside the US at a consulate).
 
No she was niether married nor engaged at the time of entry, we got married in about 3 months after her entry
 
Last edited by a moderator:
You must log in or register to reply here.
Top