I-130 petition by a green card holder

S

smali

Registered Users (C)
I am gc holder my naturalization is stuck in name check for 1 year. I am married to an F-1 visa holder. I read that I can apply for her I-130 and it will be approved in 2 years.

Let me ask you this. What documents I need to submit alongwith I-130.

Moreover, we need to submit I-485 later on any way, when her visa becomes available or I get naturalized. Is there any benefit in applying I-130 now. Does it cut any time period. Is not it true that it takes about same time to file I-485 later and get an interview than filing I-130 and I-485 together. How beneficial is to get them approved separately and not together. The only benefit may be is that my naturalization does not go through and she will on the path to get a green card even after five years from today. Is that logical. But she shall have to maintain her status during all this time and she can not travel on F-1 visa abroad as she will be effectively deported from the airport due to immigrant intent with her student status. (
Q: I think about one BIA decision back in 1975 which allowed F-1 student to file I-485, but how familiar the Border agent is with that decision is up in thin air
Click to expand...
?) I have read that one can maintain their student status for a maximum of 8 years. we are looking at tens of thousands of tuition fee just to maintain her status. She is an MD and taking USMLE classes now. I would like her residency to start as soon but have all these questions first. Could some guru analyse and advise what is the best path.
 
Last edited by a moderator:
Nob you have to be a U S citizen in oder for her to receive any benefit. U can file for her now, but her case will not be processed untill you become a USC.
 
godisgoodtome said:
Nob you have to be a U S citizen in oder for her to receive any benefit. U can file for her now, but her case will not be processed untill you become a USC.
Click to expand...

that is not entirely true. Even if he doesn't become a citizen, his I-130 filed while he still was an LPR, will eventually be approved, her PD will be current and she will be able to apply for AOS. He doesn't need to be a USC for that. It's simply going to take longer (granted he actually gets his name check done before 5 years from now).

P.S. Sorry, Prae, I replied before I read your post.
 
I have a question. My citizenship interviews is scheduled for 1/10/08. My wife is in India, Never been to US. What is the fastest way to bring her?. My understanding is that we need I-130 recipt number for filing I-129 (k3). Considering the I-130 recipting delays, is it ok to file I-130 as LPR and get the recipt number before the oath and file I-129 (K3) on the oath date and status change the I-130 from LPR to Citizen.

Any advice?
 
sunnycalif2007 said:
I have a question. My citizenship interviews is scheduled for 1/10/08. My wife is in India, Never been to US. What is the fastest way to bring her?. My understanding is that we need I-130 recipt number for filing I-129 (k3). Considering the I-130 recipting delays, is it ok to file I-130 as LPR and get the recipt number before the oath and file I-129 (K3) on the oath date and status change the I-130 from LPR to Citizen.

Any advice?
Click to expand...

It won't make a difference. It won't be faster or anything I think. Just wait until you are an US Citizen.
 
Thanks PraetorianXI , I can understand it doesn't make any difference in I-130 processing time, it might delay. But it might give me a chance to file for K3 visa immediately after I become citizen ( on the oath date), provided if I have I-130 recipt number.

If I wait to become to citizen and then file I-130 (3 months for recipt with USCIS processing delays). I am trying to cut this wait time to file for I-129F (k3)

Let me know if I am going in the right direction
 
You Are Missing A Key Info

I am the OP. When you get the I-130 receipt number, it shall state something like "petition by a lawfull permanent resident" (I am speculating here). One can infer that CIS shall know if this I-130 is filed by USC to grant I129 request. No I-129 for LPR. You have to enclose copy of RECEIPT with I-129 and not only the RN. I guess.

So, the Q is "how could one who filed I-130 with LPR status can use that number to file for I-129. I guess, ONE CAN NOT.
Click to expand...

Now, you will be back to square one. Which is that you will again file I-130 with USC status and have THAT copy of R Notice enclosed with the petition. Please research this issue a little further and post your response here. Keep in mind of double fee payment for I-130 here, once now and once when you get USC status.
 
Last edited by a moderator:
You must log in or register to reply here.
Top