LPR petitioning F1 spouse (Out of status) Need some help!!!!!

R

rickyjkh

Registered Users (C)
Hello everybody,

I have some concern about wife immigration case. Would anybody have any idea or any experien about this scenario please help me.

I am an LPR through Asylum (will be eligible for USC in 2014). I got married with my wife for almost a year now. My wife came to the US on F1 visa and she is out of status now since she didn't go to school anymore.

I have applied I-130 for her in March 2010. I check the processing time at USCIS websit it indicate that the I-30 petition for spouse process in March 23 2009. However the visa for LPR petition for spouse is (F2A) is in 1 Jan 2010 . If this process going faster then I expected, Let say the my wife I-30 got approved and the visa become available.

Can my wife adjust her status here in the US (since I don't become a USC yet)?
If so how long can she become a USC?

You answer will be appriciated. Thanks.
 
rickyjkh said:
Hello everybody,

I have some concern about wife immigration case. Would anybody have any idea or any experien about this scenario please help me.

I am an LPR through Asylum (will be eligible for USC in 2014). I got married with my wife for almost a year now. My wife came to the US on F1 visa and she is out of status now since she didn't go to school anymore.

I have applied I-130 for her in March 2010. I check the processing time at USCIS websit it indicate that the I-30 petition for spouse process in March 23 2009. However the visa for LPR petition for spouse is (F2A) is in 1 Jan 2010 . If this process going faster then I expected, Let say the my wife I-30 got approved and the visa become available.

Can my wife adjust her status here in the US (since I don't become a USC yet)?
If so how long can she become a USC?


You answer will be appriciated. Thanks.
Click to expand...

rickyjkh, unfortunately nothing you can do for your wife at this time. You have to wait till you get your citizenship than it's going to be easy regardless she's out of status.
I had similar situation like yours. I got married when I was LPR ( Asylum based ). My wife was a Canadian PR ( Permanent resident ) therefore when she came to US back in 2002 she never needed nor any visa or upon arrival no I-94. We tried to get her social but was asked for I-94 & I tried to make them understand that being a Canadian resident she was never issued I-94. But social security admins office don't care they need to see that. We tried to get her a driver's license but no luck either cause they need to see her social security card. We were upset & consulted two attorneys to find out any ways it could be done. But both attorneys suggested us to wait till I become US citizen. I even asked them attorneys what if she gets caught one day & get deported. Both attorneys replied that chance is slim unless she engage herself in any crime.
So We waited all this time & this year March I became an US citizen & just month later in April filed for her adjustment of status ( I-485 ) along with relative petion ( I-130) & EAD ( I-765).
First of all I was bit confused thinking should I do it all by own ( Since wife out of status ) or hire an attorney but in this forum I read lots of members comments on that out of status issue & found out being an US citizen's spouse ( Immidiate relative ) her over stay issue will be forgiven. Therefore instead of waisting money I rather filed everything myself. I even included a cover letter to USCIS with all details with the application.
Wife received her EAD in March ( One month after application ) & we went & got her social security also driver's license. We also had our interview in 2nd August & it lasted only 5/10 minutes max. Very easy one. IO informed us about our approval right away & wife would be receiving her GC in 30 days. We just received her welcome notice as a new PR status two days ago along with the I-130 approval letter.
So just wait till you become US citizen & rest of the process is very simple. Out of status is not a issue at all provided entry to US is legal which in your wife's case ( F1) is just fine. I assume since she came as student she probably already got her social & driver's license done earlier. So just wait.
Atique.
 
rickyjkh said:
Hello everybody,

I have some concern about wife immigration case. Would anybody have any idea or any experien about this scenario please help me.

I am an LPR through Asylum (will be eligible for USC in 2014). I got married with my wife for almost a year now. My wife came to the US on F1 visa and she is out of status now since she didn't go to school anymore.
Click to expand...

I deduce that your GC was approved in 2010, and you were married in 2009. So she might be eligible for a derivative green card as a result of you marrying her before your green card was approved, which means she would not have to worry about the visa bulletin cutoff dates, and the I-130 would be unnecessary. I'm not sure she's eligible, as there may be some other asylum-specific rules involved, but it is a possibility you should check out.

However, you still have the out-of-status issue to worry about. That will prevent her from adjusting status while you are a permanent resident, but she may be able to obtain a green card through a consulate. How long has she been out of status?
 
Last edited by a moderator:
Hello Atique.Rahman and Jackolantern,
Thank you for your comment.

Your right Jackolantern, I got married in August 2009 which I am still an asylee. My wife is not eligible for a derivative green card because I got married after my asylum was approved. She doesn't have a DL or SSN because when she got here the law was change. They don't issue u a SSN unless u work at school which is she doesn't. Well she got her DL before but now it's expired and she can't renew it. Well she came here in 2005 and she out of status about 4 years now.

My concer is what if her I-130 get approved and the visa become available before I become a USC? Can I apply I-485 for her while I am an LPR? Will get it got denied than? Have any idea? When I apply I-130 I check the visa bulliten it said the proccess in in 2007 Which I estimate the time it become available I should become USC. but now the process move really quick. the visa bulletin said the process to Jan 1 2010. i file the I-130 on March 19 2010.

Any advice please healp..
 
My concer is what if her I-130 get approved and the visa become available before I become a USC? Can I apply I-485 for her while I am an LPR?
Click to expand...
no, you cannot. Only spouses of US citizens can file I-485 after being out of status and successfully adjust.
She can leave the States and get an immigrant visa, provided that USCIS never determined that she is unlawfully present.
 
Check her I-94 to see if it has a date or D/S code. Since the university should have reported her failure to attend, does she have a deportation notice?
 
yes on her I-94 indicate the D/S. She doesn't have any deportation notice at all. Just want to know if her I-130 get approved can I keep this until I become a USC and then file I-485? Just disregard about the visa availability.
 
Since she has not accumulated illegal presence (according to your report), she has no 3/10 year ban from entry. She should exit the country and wait for her approval. If she remains in her current status, she could eventually be detained and deported and then even your marriage to her and your US citizenship will be a problem. In my area, even a traffic stop can get her taken to county jail to be held for deportation.

As a future USC, you should be abiding by US laws and encouraging others to do so as well.
 
If her most recent I-94 showed "D/S" and she has overstayed, then she is out of status, but she has not been in unlawful presence. This means that it is safe for her to do overseas consular processing. Make sure that the National Visa Center has her approved I-130. They will process her paperwork and send her notification of her consular visa appointment.

About the 3/10 years ban: Because she has violated her status, she is ineligible to adjust status. She is NOT subject to the 3/10 year bar because she never had a finite departure date on her I-94.

P.S., Please check your PM

Your troubles are over my friend!
 
Last edited by a moderator:
Let say, If my wife I-130 get approved and I havn't become a USC yet. If we want to wait until I become a USC and adjust her status here. Can I do so? How long can I keep my approved I-130. I know that after I-130 get approved, USCIS will sent this approve letter to Visa Center and Visa Center will contact me for more processing. What should I tell the Visa Center? To wait until I become a USC? Will they sent this I-130 back to USCIS after a certain time. and If they sent it back what happen then? Any body have any idea. I make a wrong decision to file the I-130 right now. I should wait until I become a USC.
 
rickyjkh said:
Let say, If my wife I-130 get approved and I havn't become a USC yet. If we want to wait until I become a USC and adjust her status here. Can I do so? How long can I keep my approved I-130. I know that after I-130 get approved, USCIS will sent this approve letter to Visa Center and Visa Center will contact me for more processing. What should I tell the Visa Center? To wait until I become a USC? Will they sent this I-130 back to USCIS after a certain time. and If they sent it back what happen then? Any body have any idea. I make a wrong decision to file the I-130 right now. I should wait until I become a USC.
Click to expand...
hi! please let me know what you did, I'm in the same position, i filed to early the I130, i have to wait 2 more years to become a USC, but i already filed. please help
 
ValeVale said:
hi! please let me know what you did, I'm in the same position, i filed to early the I130, i have to wait 2 more years to become a USC, but i already filed. please help
Click to expand...

This is an old thread, the person you’re addressing hasn’t been back since 2012. Start your own thread and explain exactly what your situation is.
 
You must log in or register to reply here.
Top