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Out of Status Spouse
- Thread starter ren499
- Start date
NBC_June04
Registered Users (C)
she need another status (J1, F1, H1...). the I-130 petition by itself doesnt give her any status. Basicly she'll be out of status here until I-130 is approved and she become eligible for filling I-485. Only 485 will furnish a status and USC and spouse are eligible to file concurrent filling130/485. Other than that she needs a status while waiting for the 130 approval.
Good luck
Good luck
Re: Out of Status Spouse.
Hi to all,
I usually do not go to this thread, but I felt I had to answer to this question.
I am actually a LPR as well, about to become an US Citizen ( I already took my fingerprints). My wife is out of status. I have been told that she had to wait until I become a USC in order to adjust her status, even if she was out of status. She would have preference over other applicant as a wife of a US citizen. How long have you been a permanent resident? When will you be eligible to become a citizen? Depending on the reasons why she is out of status, she might be able to change her status. Let me know. I think I might help. I have
been a F1, LPR and hopefully soon to be a citizen! I have been through this ordeal.
kaolack
Hi to all,
I usually do not go to this thread, but I felt I had to answer to this question.
I am actually a LPR as well, about to become an US Citizen ( I already took my fingerprints). My wife is out of status. I have been told that she had to wait until I become a USC in order to adjust her status, even if she was out of status. She would have preference over other applicant as a wife of a US citizen. How long have you been a permanent resident? When will you be eligible to become a citizen? Depending on the reasons why she is out of status, she might be able to change her status. Let me know. I think I might help. I have
been a F1, LPR and hopefully soon to be a citizen! I have been through this ordeal.
kaolack
Last edited by a moderator:
She Should Not Leave The Country Unless It Is Necessary
I forgot to tell you....
She should NOT leave the country, since she lost her status. If she has been
out of status for 180 days and up to a year, she will be ban to entrer the US for
3 years. If she overstayed her visa for more that a year, she will be ban for 10 years!!! [/B]I am telling you that because my wife is in the same situation.
Good luck and things will work out! Just be patient and wise!
kaolack
I forgot to tell you....
She should NOT leave the country, since she lost her status. If she has been
out of status for 180 days and up to a year, she will be ban to entrer the US for
3 years. If she overstayed her visa for more that a year, she will be ban for 10 years!!! [/B]I am telling you that because my wife is in the same situation.
Good luck and things will work out! Just be patient and wise!
kaolack
Being the spouse of LPR is very very tough. My wife can attest to it.
I was LPR not too long ago but recently naturalized. I can tell you what we have done and been through. You and your spouse have to make the finally decision.
When I was LPR and my wife was here on B1. Before her 1-94 expired, we apply for her F-1 and I-130 when no company willing to hire her for H-1. 6 months later, they request more information for her F-1 while she is taking classes since filing the F-1. Then 6 months has lapsed and we did not hear from INS. Upon calling the INS, she was told that her F-1 was denied and the school should have informed her.
Since then, she was out-of-status and doing some volunteer works to feel useful in the society. Two years later, I got my US citizenship, she is now waiting for her AOS fingerprint and interview. She has endured and missing 3 productive years of her life except doing nothing and wait in US.
One thing you need to know for sure is that she will be in a lots of stress and anxiety during this period. It is hard, very hard to see your spouse feeling sad and maybe even in low self-esteem. We have our share of pain and arguements. But it is getting to the end now. Hope to emerge from this as a stronger couple.
So, both of you may want to discuss if she should/want to return home and try to come back to US or stay out-of-status in US until you gain citizenship.
Good luck.
Kenmw
I was LPR not too long ago but recently naturalized. I can tell you what we have done and been through. You and your spouse have to make the finally decision.
When I was LPR and my wife was here on B1. Before her 1-94 expired, we apply for her F-1 and I-130 when no company willing to hire her for H-1. 6 months later, they request more information for her F-1 while she is taking classes since filing the F-1. Then 6 months has lapsed and we did not hear from INS. Upon calling the INS, she was told that her F-1 was denied and the school should have informed her.
Since then, she was out-of-status and doing some volunteer works to feel useful in the society. Two years later, I got my US citizenship, she is now waiting for her AOS fingerprint and interview. She has endured and missing 3 productive years of her life except doing nothing and wait in US.
One thing you need to know for sure is that she will be in a lots of stress and anxiety during this period. It is hard, very hard to see your spouse feeling sad and maybe even in low self-esteem. We have our share of pain and arguements. But it is getting to the end now. Hope to emerge from this as a stronger couple.
So, both of you may want to discuss if she should/want to return home and try to come back to US or stay out-of-status in US until you gain citizenship.
Good luck.
Kenmw
Last edited by a moderator:
I agree....
Sorry for not getting back to you all,
It is correct that you can not change her status while being an LPR, but you surely can once you become a citizen. Going back to her home country is not an option! She might have more problems coming back. "3 more years" is not much. I waited 2.5 years myself. It is not easy, but it is possible.
Hangin' there!
kaolack
Sorry for not getting back to you all,
It is correct that you can not change her status while being an LPR, but you surely can once you become a citizen. Going back to her home country is not an option! She might have more problems coming back. "3 more years" is not much. I waited 2.5 years myself. It is not easy, but it is possible.
Hangin' there!
kaolack
NBC_June04
Registered Users (C)
In this case the I-94 is valid until the date on the the DS-2019. My 94 also stated D/S. First I had one DS, after extension I got a second DS and the I-94 was still valid until the date on the second one.zaks said:I have a question about i-94 expiration. Any help would be appreciated. If it says D/S on I-94, does the person still considered to have an expired I-94 even if he/she is out of status?