My NC not completed, my wife student visa expires 07/2007

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peanutbutter

Registered Users (C)
I am in difficult situation, I have been waiting for my Name Check to be clear for over 1.5 years.
I recently hired a attorney to help me with my Name Check situation, I will have my first hearing 03/22/07 in Federal Court (this is after 60 days lawsuit have been filed)
If for some reason I will not be able to get my citizenship before 07/2007 my wife who is on student visa will have to go back to Poland and we don't want this to happen. We got married last year but we did not file for marriage license because I think this would complicate my case.
Is there anything I can do to prevent from my wife from leaving the country if for some reason I will not be able to get my citizenship on time?
Will she have any right if we file for marriage license while I am on green card?

Any help, suggestion or ideas are greatly appreciated.

Thanks.
 
Has she already used up her 1 year practical experience extension? If not, maybe she should talk with her school about how to get/use that.
 
peanutbutter said:
I am in difficult situation, I have been waiting for my Name Check to be clear for over 1.5 years.
I recently hired a attorney to help me with my Name Check situation, I will have my first hearing 03/22/07 in Federal Court (this is after 60 days lawsuit have been filed)
If for some reason I will not be able to get my citizenship before 07/2007 my wife who is on student visa will have to go back to Poland and we don't want this to happen. We got married last year but we did not file for marriage license because I think this would complicate my case.
Is there anything I can do to prevent from my wife from leaving the country if for some reason I will not be able to get my citizenship on time?
Will she have any right if we file for marriage license while I am on green card?

Any help, suggestion or ideas are greatly appreciated.

Thanks.
Click to expand...
Number 1: Get "officially" married in a court and get a Marriage License. This is needed at each stage of a marriage based immigration process.

Number 2: Explore whether she can get Practical Training which is valid for 1 year.

Number 3: Explore whether she can delay her graduation for some time and then apply for Practical training.

Number 4: Ask her to apply for admission into some other program.

Number 5: Explore whether she can get a job (On Practical Training) and hten apply for H1-B visa.

You wife HAS to remain in status while in US. If she gets out of status for 6 months or longer SERIOUS immigration ramifications follow. So try your best with all the options and if absolutely nothing works then she has to leave the country instead of getting out of status.
 
I believe F-1 visa expiration date doesn't mean a lot, as long as you have a current I-20. Visa is considered extended for duration of study if you have a valid I-20. She can enroll at any program that issues I-20. At least that was the case 10 years ago when I was on F-1. So take it with a grain of a salt.
 
Tha's correct!!!! She needs ONLY a valid I-20. F1 visa in her passport is good only for coming out and back in the USA. For ex., When I was in Grad School, my country gave only a F1 visa good for 6 mo. So, everytime I went home, I had to go to the embassy, show them my I-20 and get another stamp in the passport. The I-20 can be renewed. The OIPS office at teh Univ. that she is attending will do that for her. If they cannot renew it because of her incoming graduation or whaterver, they can apply for Practical training. She does not have to have the card in her hand...as long as she has proof that an application has been filled BEFORE her status expired, she'll be fine.
BUT...check the I-20 and go to the OIPS office and talk to those people.
Good luck!

Adina
 
My appologies for not providing more information.
My wife graduated Seattle University last year and got a job month later so in the summer her Practical Training which is valid for 1 year will be exhausted.
I will ask my attorney next time I talk to him what options do we have but any information from you guys is greatly appreciated.

Thanks.
 
Your wife needs to find a job and then get sponsored for H1 visa. Maybe her current company might do?
 
Adding to what boatbod just mentioned about getting a Job ASAP on H1B. On Monday, April 2 07 USCIS will open its floodgates as it begins to receive H1B applications for the FY08 quota. There will be more than 65k applications in matter of days (not weeks). Even though USCIS will begin to approve the applications immediately, the applicant cannot work before Oct. 1 of 2007. So peanutbutter, you do need to expedite the process immediately for getting a job for her. However, I am not sure if this will allow her to stay on.

Continuing F-1 is another option for your Backup plan. If your wife finds another course in her present School, her F-1 (and I-20) may simply carry on. Taking a course in Community College is another option.

We all wish you the best in your coming hearing. Hope everything gets resolved there.
 
Hi!

Her employer should agree to apply for H1B for her....OR...she needs to get back to school, so, she'll have another valid I-20! Probably this is the easier way out!

Adina
 
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