My spouse is out of status F1 Student Visa holder & I am LPR hopefully to be a citizen by September

L

Lalmba

Registered Users (C)
Hi all,

My spouse is out of status F1 Student Visa holder and has an approved I-130 with priority date of December 2010. I am LPR hopefully to be a citizen by September God willing.

She attended class three semesters and could not attend last semester due to health reasons.

Once I get my citizenship can my spouse get Green Card or being out of status will have a negative effect?



Please help.
Thanks
Lalmba
 
Last edited by a moderator:
Did she apply for a medical exemption with the school's international student office? If she applied and it was approved, she would be allowed to take a reduced number of classes or stop attending attending classes while she goes through treatment and recovery, and still keep her F1 status.

Anyway, the answer to the question is Yes -- she will be able to adjust status once you're a citizen, assuming she has remained in the US since losing her status and there are no disqualifying issues such as a criminal record.
 
No she did not take medical exemption do you think it is doable now or it is too late?

She did not leave the US but is planning to travel before change of status for a family visit and finish her process for GC at the consulate instead of adjusting status here.

Do you think that is too risky.
 
Lalmba said:
No she did not take medical exemption do you think it is doable now or it is too late?

She did not leave the US but is planning to travel before change of status for a family visit and finish her process for GC at the consulate instead of adjusting status here.

Do you think that is too risky.
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Generally, a student who falls out of status may seek "reinstatement" within 8 months. The process is via form I-539 with USCIS and requires evidence from the school's DSO.

Otherwise, wait until you naturalize and file for her adjustment.

You did not mention what YOU indicated on the I-130 as to her seeking a visa abroad or filing for adjustment. That will have a bearing on the process. They have to get the I-130 and place it in her A-file with the I-485. Depending on what you indicated, you could need to file an I-824 to retrieve the I-130.
 
I chose, in for I-130 that she will do the process here and they told me that I need to fill some form if I want her to do the process back in the consulate.
 
Lalmba said:
I chose, in for I-130 that she will do the process here and they told me that I need to fill some form if I want her to do the process back in the consulate.
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That means that USCIS kept it and does NOT have to retrieve it from NVC. The I-824 is filed when you change your mind about the processing choice from the initial choice indicated on the I-130.
 
http://www.uscis.gov/ilink/docView/...9324/0-0-0-85465/0-0-0-87514/0-0-0-87971.html

(16) Reinstatement to student status .


(i) General . A district director may consider reinstating a student who makes a request for reinstatement on Form I-539, Application to Extend/Change Nonimmigrant Status, accompanied by a properly completed SEVIS Form I-20 indicating the DSO's recommendation for reinstatement (or a properly completed Form I-20M-N issued prior to January 30, 2003, from the school the student is attending or intends to attend prior to August 1, 2003). The district director may consider granting the request only if the student:

(A) Has not been out of status for more than 5 months at the time of filing the request for reinstatement (or demonstrates that the failure to file within the 5 month period was the result of exceptional circumstances and that the student filed the request for reinstatement as promptly as possible under these exceptional circumstances);
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Looks like it's too late for I-539, unless the illness was so bad that it prevented her from filing I-539 within the 5-month period.
 
Lalmba said:
No she did not take medical exemption do you think it is doable now or it is too late?

She did not leave the US but is planning to travel before change of status for a family visit and finish her process for GC at the consulate instead of adjusting status here.

Do you think that is too risky.
Click to expand...

Too risky. You would have to file I-824 to transfer the case to the consulate (because you previously indicated that she would adjust status in the US), which would add some delay, and unlawful presence is not forgiven for applicants who depart the US.
 
so if I understood you right it is better to be in the US and out of status than to leave the country as out of status and go the consulate for processing?
 
Lalmba said:
so if I understood you right it is better to be in the US and out of status than to leave the country as out of status and go the consulate for processing?
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Time when "out of status" transforms into "unlawful presence" after departing the U.S. and BECOMES a bar to reentry.

That said, one must accumulate 180 days (six months) of time "out of status" BEFORE departing for it to BECOME a bar to reentry.

So, as long as a person entered on a visa (not a waiver--other than Canadians), then one may adjust status even if out of status but ONLY as the immediate relative of a USC.

Confused yet?
 
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