I-130 - Need Help Badly

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bondalav

Registered Users (C)
I'm a Green Card holder and my wife is on a F1-Visa. Unfortunately her I-20 was expired, which we didn't notice. I dont know what to call her as out of status or still in status. I filed
I-130 in the month of september. I dont know how long does it take to approve it. Can i know it how long does it take ?

I heard that applying I-130 in New Delhi, India is much easier and will get a quick approval ? How far this is true. I already applied one I-130 here, can i apply an other one in India ?

What are the possible odds of wife to stay here at this moment. Need a really sincere adivse.

Thanks
Bond
 
You are a green card holder. Your spouse has to maintain her own legal status in the USA. Even if you have an I130 pending she has no basis to apply for an I485 based on your status. Unless her employer is willing to file a GC or a work visa.
 
I-130

Generally how long does it take to get I-130 approved at VSC. An IES ( International Education Services ) of a university said that INS would issue a letter to stay here since you have a petition pending on you. Do you know anything about this ?
 
I think VSC takes around a couple of years to process the I130.. once thats done she has to wait for a visa number to be available so she can file the I485 (and that can take from any where from 3 to 5 years based on u being a PR) once you get your USC her priority date will be come current making an immigrant visa number immediately available for her.


An IES ( International Education Services ) of a university said that INS would issue a letter to stay here since you have a petition pending on you. Do you know anything about this ?

I am not aware of any such thing. What I do know is that she has to maintain her own immigration status till you become a USC.

I would suggest you talk to an immigration attorney about this.
 
A pending I-130 does NOT permit the beneficiary to remain in the US while it is pending. Once you obtain US Citizenship, you then can file an I-485 and an I-130 in a one step process and marriage to a USC will waive the unlawful presence. However, until then she is illegally present and may (depending on what is on her I-94) be accumulating overstay.
 
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