GC holder with F-1 Wife

S

sun_77

Registered Users (C)
I am a gc holder and my wife is on
a F-1 visa.

I got my GC in September'01. It has been two and half years since I got my gc.

I would like to find out what is the best thing to do for my wife's visa status.

If I file for her GC through family category, it will take a very very long time. If she loses F-1 before getting her gc will she be on a valid status.

The other way is to wait until my Citizenship and apply for K visa or GC.
It will take 3 more years to get my Citizenship. And I think she can maintain her F-1 for 3 more years.

Any ideas ? Your help will be really
appreciated.

Thanks
 
Keep her F1 valid so long possible. But it does not allow full time job.

Apply for I-130 even though it takes long time. Only benefit is if she gets I-130 approved in say 3 years then she can go on EAD.

Go far new I-130 and K3 once you get Citizenship.
 
Thanks sahnir. I really appreciate your help.

Do you think Filing I-130 while she is on F-1 could jeoperdize her F-1. since on F-1 you are supposed to study and go back.

with I-130 application you are showing your intention to
immigrate.

So, if she goes to India and comes back. at the POE
if the immigration officer comes to know that she had filed
for I-130, would there be a problem ?
 
She definately will not be allowed entry if it is found out at the POE that she is an intending immigrant(filed I-130), What you can do is, file the I-130 even though you are a green card holder. you can file for citizenship three months ahead of time, so that puts you in June 2006. After you become a citizen your wife's application will be upgraded to 1st preference if her I-130 has not been approved by then. Good luck
 
I am in the same boat. After talking to lawyers and reading other posts i think it is better not to travel outside the US.

The problem i got is that my wifes F-1 expired 2005 may and i won't be eligible to apply for for USC until 2007. She is switching school so we can be together.

Do i file for F-1 visa extension ? If so will it be rejected becuase she is married to a GC?

Can she outlive her visa with a valid I-94 and I-20 and not apply for extension?

Help!
 
Same Situation

I am in kind of similar situation. My question also is would there by any problems at time of adjustment of status for my wife, if her I-94 has expired although at that time I will be a citizen
 
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