Help : F2A getting GC

Eric_filan

New Member
I am an LPR and want to file a petition for my spouse.

Does she really have to go to the US right away after getting the green card? THanks
 
Last edited by a moderator:
Since she's outside the US and you haven't filed the I-130 yet, her case will probably take a lot more than 8 months, because F2A won't remain current for long. She'll have to wait for the I-130 to be approved and forwarded to the consulate, by which time F2A probably won't be current any more.

You should expect her case to take 1.5 to 2.5 years, unless you become a US citizen before then. Once she's been interviewed and approved at the consulate she'll have 6 months to enter the US.
 
Since she's outside the US and you haven't filed the I-130 yet, her case will probably take a lot more than 8 months, because F2A won't remain current for long. She'll have to wait for the I-130 to be approved and forwarded to the consulate, by which time F2A probably won't be current any more.

You should expect her case to take 1.5 to 2.5 years, unless you become a US citizen before then. Once she's been interviewed and approved at the consulate she'll have 6 months to enter the US.

Thanks so Much Jackolantern.
 
Last edited by a moderator:
i am in the US as a LPR. my wife recently came over on a visitors visa. i have applied for her green card also. will it be a problem if she stays here in the US and wait for her case to be approved?
I guess my question rather is: if her visa expires and she overstays here, wiill it affect the processing on going for her green card? will she be refused or something? please i need more clarity on this.
 
i am in the US as a LPR. my wife recently came over on a visitors visa. i have applied for her green card also. will it be a problem if she stays here in the US and wait for her case to be approved?
I guess my question rather is: if her visa expires and she overstays here, wiill it affect the processing on going for her green card? will she be refused or something? please i need more clarity on this.
Yes, it will affect her. As she is not in the Immediate Relative category (spouse, minor child, or parent of U.S. citizen), she must be in status to apply for Adjustment of Status. If she overstays, she will not be in status, and she cannot apply for Adjustment of Status when the time comes; the only other way to get permanent residency is through Consular Processing abroad. However, if she leaves the U.S. after accumulating enough unlawful presence, she will have a ban (3-year ban if at least 180 days of unlawful presence, 10-year ban if at least 1 year of unlawful presence) during which she cannot enter the U.S., unless it is waived.
 
Top