Green Card Status Adjustment or Wait

A

Alex001

Registered Users (C)
Hi All,

Could you please let me know what is the better way to do.
Here is the brief description:
My wife is on a student visa which will expire soon and I am a GC holder.
I can apply for Citizenship only in 2009. Please advise if I have to change her status (please suggest how and what options I can use) or apply for I-130 to adjust her status based on my Green card which might take years waiting and I spent money on that or just wait for my citizenship for 2 years but in this case she might be out of status.

Also, if I apply for I-130 to adjust her status then it means she will be legally in the country even if her visa will be expired?

Please advise if anybody knows the options or in similar situation. Thank you very much and any advise will be appreciated.
 
Also, if I apply for I-130 to adjust her status then it means she will be legally in the country even if her visa will be expired?
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FIling I-130 does NOT provide your wife with a legal status. She will not be eligible to apply for adjustment of status for about 5-6 years from filing I-130 or until you become a citizen (whichever comes first). She needs to maintain her non-immigrant status, even if you file I-130.
 
Alex001 said:
Hi All,

Could you please let me know what is the better way to do.
Here is the brief description:
My wife is on a student visa which will expire soon and I am a GC holder.
I can apply for Citizenship only in 2009. Please advise if I have to change her status (please suggest how and what options I can use) or apply for I-130 to adjust her status based on my Green card which might take years waiting and I spent money on that or just wait for my citizenship for 2 years but in this case she might be out of status.

.
Click to expand...

Your wife is better served keeping her F1, then OPT and maybe H1B. AOS applies to people who marry US citizens. IN your case, your wife has to maintain legal status by herself since ur not a USC.
 
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