I-130 help please !

D

DenizH

New Member
Hello,

my wife just received her GC(through asylum case) last week and we've been married for a year and 8 months now...I'm here on F-1 viza and I'm in-status still.

My questions are;

1-) should she file I-130 for me before we make 2 years together or after?

2-)How long will it take for me to get travel documents and employment documents?

I will be glad if someone has experience and help me with my questions.

thanks,

DenizH
 
It will take a LONG time. She's a GC holder so you first need to file the I-130, wait for your priority date and then file 495. I would say that it will take you like 5 years minimum. Most people here that talk about travel documents and employment authorizations are married to a USC, it's a very different case. I would suggest you should keep your F-1 status as long as possible. What I'm not sure is if you can get an H1 even though you're married to a GC holder and she has filed an I-130 for you. Anyone? If you can, that is your best option in my opinion.
 
If your spouse apply I 130 you may loose your Non-immigrant status especially F1.
For you priority date current is 01MAR02, so even if you apply immediately it will take minimum 5 years before you get your GC. Or wait until your spouse get her Citizenship apply for GC immediately. The problem is how you are going to stay inUS with valid status. Only option is get H1 work for 5 to 6 years.


DenizH said:
Hello,

my wife just received her GC(through asylum case) last week and we've been married for a year and 8 months now...I'm here on F-1 viza and I'm in-status still.

My questions are;

1-) should she file I-130 for me before we make 2 years together or after?

2-)How long will it take for me to get travel documents and employment documents?

I will be glad if someone has experience and help me with my questions.

thanks,

DenizH
Click to expand...
 
MISinformation!

The posting above contains gross misinformation! If your wife does file a petition for alien relative (i-130) for you it will take about 5 years for a visa to become available. However, it does not in any way cancel your status as a F-1 student nor does it inhibit your ability to move into H-1 status after graduation. The best advice is for your wife to apply for the i-130 ASAP so that you will have a pending application. The 2 year marriage requirement will not apply to your case as a visa number will not become available until after your two year anniversary has long past. Teh best thing that you can to di to remain in legal status until you receive your greencard or your wife becomes a citizen and do not leve the country unless you have a valide vias and accompanying documents to return.
Best of luck to you!!!
 
DenizH, My advice to you would be NOT TO FILE ANYTHING UNTIL YOUR SPOUSE BECOMES CITIZEN.

Reasons:

1. Once your spouse becomes citizen, you guys can file I-130/I-485/I-765 at the same time and your priority date will be current. If your spouse files I-130 before she naturalizes, you have to wait until she becomes citizen anyway ('coz it will take you over 5 years usually). It does nothing faster.

2. If your spouse files I-130 now, you'll have problem when you re-enter U.S. even you have your valid F-1 since you have an intention to stay permanently while you're carrying a nonimmigrant visa. I know somebody got denied to enter at the port because of this reason and needed to be sent back right away. *However if you're not planning to leave US in the meantime, then this point won't bother you*

3. If your spouse files I-130 now, it'll be a high possibility that you'll have a hard time to update the petition after your spouse is naturalized.
 
I agree with Princesskate. Basically an F1 visa states that you're here for a while but you're not planning to stay for good. If you wife files the I-130 it means that you actually intend to stay here with her. Stay here as an F1 and try to find a job that gets you an H1, wait till your wife becomes a USC and then start the whole process. Best way for you two to stay together.
 
Small correction to PrincessKate

His wife’s GC is backdated to March 2005 so she’ll be eligible for citizenship in 4 years, not 5.
With everything else I agree – it’s better to maintain your own status untill she naturalizes and then file for your GC. It could sound unreal, but actually it might be faster.
 
In this case, follow to join benefits can apply? since they were married before she obtained the LPR status...I am not sure :o
 
cherr1980 said:
In this case, follow to join benefits can apply? since they were married before she obtained the LPR status...I am not sure :o
Click to expand...

No. She got GC trough an asylum. There is no “follow to join" benefits for asylees’s spouses.
 
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