LPR Trying to Sponsor a Spouse

R

rushfan2112

Registered Users (C)
I am a LPR who has recently got married to a student on an F1 visa that is due to expire in one year (at which point they will have to return to their home country). Obviously, I want them to remain in America so I've looked at the process of filing the I-130 form to petition for an alien resident, but I am being told this process could take over three years. The immigration department have confirmed they are just now granting visa's for petitioners that filed their form on March 22nd 2008.

Does anyone have any advice? I don't have the option of becoming a citizen just yet due to a number of factors, so I can't speed the process up fro my spouse. Is my only option to sponsor my spouse and spend the next year together and then have him return to his home country for two years to wait it out. I could not go with him, as that will jeopardize my status as a PR.
 
There may be options for extending your spouse's legal status in the US.

Is your spouse eligible for another year with OPT? Or are they already starting the 1 year of OPT?

What about changing to a double major, which would give another 2-4 semesters of study? Remember the visa expiration date doesn't determine when one can leave the US, it's what one does as a student which determines the departure date (assuming D/S was granted on the I-94).

Does your spouse have the type of degree that would make an H1B visa a realistic possibility?

You said you can't apply for citizenship right now, but what about next year or 2 years from now?
 
Last edited by a moderator:
My partner graduates in two weeks and then he starts OPT for a year. His degree is in Finance and Investments so I'm not sure if that qualifies him for an H1B visa. I could probabaly apply for citizenship in two years, but by the time the process has completed and I then file for my spouse as a citizen (rather than LPR) it will be approximately three years. I feel its a no win situation ;-(
 
He qualifies for an H1B. That is his best option. If he has good grades from a reputable school, he needs to start looking for an employer who sponsors H1B to apply for Oct 2012 start date.
 
Hi rushfan2112,
Yes once he gets his H1-B and works in US for the same employer for a year through employer he can be petitioned using Form I-140 for GC which is a quicker process.And also since its more than a year you got your GC if you would go outside US you can preserve your residence with the Form N-470 for naturalization process too.
 
I'm wondering if I should file for the I-130 form for my spouse and then return back to the UK with him (that is both of our home countries). I know it will take three years to process his application, but what happens in that time period? Do you just sit and wait for the USCIS to notify you that your interview has been scheduled or application is being considered? Could I return to the UK and come back to the US every five months on a trip to keep my green card legal. I would also pay taxes for those three years while I'm waiting for the application to be processed? The N-470 form is not an option for me as you have to be employed in a specific job (i.e. the governement or for scientic research) or religious organizations.
 
You must log in or register to reply here.
Top