I-130 or wait for citizenship?

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kelvinjai

Registered Users (C)
Hi, I received my GC 1 year ago. My gf is on valid F1 visa and will graduate next month. We are thinking to get married later this year =)

I was told that I can file I-130 for her so she can get the GC. However, anyone knows how long does it take? We live in AZ so I assume we will use the CA service center. Also... can my gf legally stay in US during I-130 pending period? Can she work without sponsorship or she still needs to obtain the H1?

Or should I just wait for the citizenship? But I need at least 4 more years...

Please help....
 
No visa numbers

She needs to maintain her own status even though you file I-130 for her. It does not give her right to stay here legally. Immediate visa numbers is not available for the spouse of LPR.

You can file I-130 for her and get her H1 sponsership after her graduation. Wait for 4 years and file for 485 once you become citizen.

There isn't much you can do since you are LPR.

kelvinjai said:
Hi, I received my GC 1 year ago. My gf is on valid F1 visa and will graduate next month. We are thinking to get married later this year =)

I was told that I can file I-130 for her so she can get the GC. However, anyone knows how long does it take? We live in AZ so I assume we will use the CA service center. Also... can my gf legally stay in US during I-130 pending period? Can she work without sponsorship or she still needs to obtain the H1?

Or should I just wait for the citizenship? But I need at least 4 more years...

Please help....
Click to expand...
 
Last edited by a moderator:
After your I-130 approved, you need to wait until your "Priority Date" becomes current in order to file I-485 (Adjustment of Status). This is gonna take approx. 4 years.

In the meantime, she needs to keep her valid status in order to stay in the U.S. legally (she may stay here illegally too since overstaying of a citizen's spouse is forgiven, however I think it would be too suffering for your wife-to-be to stay here for years and being unable go to school or work)
 
Website is not correct

Don't rely on that website. I filed my I-130 in 2004. Even though date is 2005, they are not approving my application. I called them and they simply sent me letter saying 'visa numbers are not available for spouse of LPR"

I have no clue why their website says something different than actual officers at the national customer service.

kelvinjai said:
Thanks Chicagolady!

I checked the CA service center website and they are processing January 01, 2005 I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 application. Does it mean it will only take 1 - 1.5 year to have the I-130 approved? What's next after I-130?

By the way, check out my other thread :D

http://www.immigrationportal.com/showthread.php?p=1398209#post1398209
Click to expand...
 
Thank you all! :)

I guess the best route is let my gf to find a job and get a H1-B. In the meantime, I will just wait for my citizenship in 4 years :cool:
 
Does any one find all of this to be a bit quick?

Sent AOS package 03/21/06
Checks Cashed 03/21/06
NOA 03/23/06 (for I130 &I765)
NOA 03/24/06 (for I485)
BIO Appt letter 03/30/06
BIO Appt 04/04/06
Waiting :cool:


I am new to all of this, so guys what do you think?
I am a USC applying for my husband.
 
What about EAD Card

Since kelvinjai's to be wife is already in the US on F-1 --- AFTER I-130 gets approved, can't she get EAD card while I-485 is pending ??
 
Ok, first of all I am NOT USC but just a LPR. From my understanding, even my wife can have I-130 approved (~1 year). She still need to wait for the "visa number". Currently the delay is approx 3 years. In the meantime, she need to find a way to stay in US (another F1 or H1-B). Am I correct? I know if I am a USC that will be much faster, but unfortunately I am not.

rjo1 said:
Since kelvinjai's to be wife is already in the US on F-1 --- AFTER I-130 gets approved, can't she get EAD card while I-485 is pending ??
Click to expand...
 
kelvinjai said:
From my understanding, even my wife can have I-130 approved (~1 year). She still need to wait for the "visa number". Currently the delay is approx 3 years. In the meantime, she need to find a way to stay in US (another F1 or H1-B). Am I correct?
Click to expand...

Yes, you are correct. If she wants to travel abroad within these couple of years, it would be better for her to have H1-B instead of F1 'coz F1 is nonimmigrant visa (while H1-B can be dual-intent). Besides, she can also go to college with H1-B and doesn't have to pay expensive tuition tees.
 
Thanks. She is looking for a job right now and hopefully she can find one. As long as she can keep the job for 3 yrs than I can apply her because I will become USC at that time =)
 
chicagolady said:
Don't rely on that website. I filed my I-130 in 2004. Even though date is 2005, they are not approving my application. I called them and they simply sent me letter saying 'visa numbers are not available for spouse of LPR"

I have no clue why their website says something different than actual officers at the national customer service.
Click to expand...

this is really strange..i applied for my spouse at the VSC and it took 13 /14 months and the i130 got approved and the file got transfered to the national Visa Center waiting for a visa to become current.

based on my experience I though that the Servc Cntr will approve your I130 application regadless of wether there is a visa or not and send the application to the national visa center to get stuck there for a current visa. However, what they told you is different from what has happened to me.!
 
Ead ????

Someone please clarify -

Can spouse of LPR get EAD card AFTER I-130 approval.

Thanks.
 
BajanGal said:
Sent AOS package 03/21/06
Checks Cashed 03/21/06
NOA 03/23/06 (for I130 &I765)
NOA 03/24/06 (for I485)
BIO Appt letter 03/30/06
BIO Appt 04/04/06
Waiting :cool:


I am new to all of this, so guys what do you think?
I am a USC applying for my husband.
Click to expand...

You recieved the finger print letter 6 days after your Notice Date wow!! I assume the FP notices are for both I-485 and I-765. What is you District Office (DO)?
 
rjo1 said:
Someone please clarify -

Can spouse of LPR get EAD card AFTER I-130 approval.

Thanks.
Click to expand...

The following is what I think and I might be wrong. As far as I know, no you can't. If you have a valid EAD of any kind, then your legal status is maitained automatically. Since your spouse needs to maitain her legal while I-130 is stuck for a visa number, she can't apply for EAD even if I-130 is approved.

Again, it doesn't hurt to pick up the phone and call the 1800 number and ask to be sure.

I.C. Man
 
rjo1, I guess we have the same concern here =( but it looks like even she has the I130 approved, it will take few years before she get the GC and in the meantime, she need to find a way to stay legal here in US (F1, H1-B..).

icman, what 1800 number should we call?

THANKS!
 
rjo1 said:
Someone please clarify -

Can spouse of LPR get EAD card AFTER I-130 approval.

Thanks.
Click to expand...

EAD can only be applied with the I-485 or with an already filed I-485. An approved I-130 does not give you any benefit. When PD becomes current, I-485 can be applied thus utilizing the benefits of EAD and AP. The folks in the 1-800 land would probably tell you the same if it is your lucky day today, otherwise they might end up telling you that EAD is not needed to work for spouse of a USC (thats what they told me :rolleyes: :rolleyes: )
 
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