I need HELP!My wife is F1 visa.

P

priest61612

New Member
I need HELP!

I just get my green card. And my wife now use her f1 visa.

I am not sure whether I can use my green card to apply a green card for my wife!!

Thanks a lot.
 
you can file I-130 for her, but it will not provide her with any status. She'll have to maintain her status until you get citizenship...

How did you get your GC? were you married at the time?
 
Thank You!

My father apply the GC for me.He is citizen.

If I apply her now, it will faster? or the same as i got citizen then apply her?
 
I'm confused... Did you marry AFTER you got GC (I really hope so)? If so then you can file for her, but the wait is 4 years (and she'll have to maintain her status like F1, H1, etc.), so it sounds faster then 5+ years till your citizenship. HOWEVER she better not leave the country if you apply for her (unless she will have H1).
 
priest61612 said:
I need HELP!

I just get my green card. And my wife now use her f1 visa.

I am not sure whether I can use my green card to apply a green card for my wife!!
Click to expand...
Under what category is your green card? If it's married child of a US citizen (category code F31, displayed on the front of the GC), you can add your wife immediately as a derivative beneficiary and she should get her green card in less than a year.

Otherwise, if you got married before obtaining your GC, but the GC was for an unmarried child of a US citizen or permanent resident, that means you were not eligible for the green card in that category, and it will be revoked when USCIS discovers the situation.

Did you get married before or after your GC approval? And what is your green card category code?
 
Thank all of you very much.

My father give me my green card.

I get married after I get GC.

I get married in June and I get my GC in Feb.

Now What file need I take for her?

Thanks a lot!
 
TheRealCanadian said:
You file an FB2 I-130 for her, and wait five years for a visa to become available. It's a long process, unfortunately.
Click to expand...
Or wait to become a US citizen, then file it. There is no real benefit to filing it now, as it gives her no legal status other than the F-1 she already has, and filing it now makes it worse if she wants to travel with the F-1 visa, because of the immigrant intent issue. Although it's a bad idea to travel anyway, because being married to a permanent resident could also cause a problem for her at the port of entry when using her F-1 visa.
 
priest61612 said:
Thank all of you very much.

My father give me my green card.

I get married after I get GC.

I get married in June and I get my GC in Feb.

Now What file need I take for her?

Thanks a lot!
Click to expand...

I-130, she'll be in 2A category. Currently the priority date is 01JUN05. So you'll have to wait ~4 years till she get it.
Frankly if she doesn't plan to leave the country I'd apply for her as you just never know - it may speed up and be less then 4 years. But if she plans to travel then better wait till you'll become citizen (which is ~5 years from now).
 
Thanks a lot!!!

She will stay at US with f1 then may get another f1 or H1 till she get her GC!

I will apply for her right now!!

Thank all of you very much!!!
 
All,

I have a question and would appreciate if someone give reply. Once that I-130 Petition from National Visa center gets approve then how long do they take to issue a Visa Number; also do we need to file I-485 if the spouse is outside of US or else? Please advice...
 
Last edited by a moderator:
if it's a citizen's spouse - the visa number is immediately available. If it's a resident's spouse - it doesn't depend on when the petition is approved. The waiting time begins at the time of filing (priority date).
 
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