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Question on I-130
- Thread starter nofreedom
- Start date
nofreedom said:Luckily, my wife is here with me on F-1 visa. After I get my GC (hopefully soon) and I file I-130 for my wife, can she stay in this country based on this application and after her F-1 expires? I think I know the answer, but I’m not 100% sure. Thanks in advance …
The answer is no. An I-130 does not confer any right to stay here. In fact, it would make it almost impossible to get a renewed student visa or a visitor's visa because the I-130 shows immigration intent (as a student you are not supposed to have immigration intentions).
She can get an HIB visa if she can find a willing employer. Have you thought about an asylum application for her?
nofreedom said:Luckily, my wife is here with me on F-1 visa. After I get my GC (hopefully soon) and I file I-130 for my wife, can she stay in this country based on this application and after her F-1 expires? I think I know the answer, but I’m not 100% sure. Thanks in advance …
This has been addressed here god knows how many times.
nofreedom said:Luckily, my wife is here with me on F-1 visa. After I get my GC (hopefully soon) and I file I-130 for my wife, can she stay in this country based on this application and after her F-1 expires? I think I know the answer, but I’m not 100% sure. Thanks in advance …
This has been addressed here god knows how many times.
Gilbert said:The answer is no. An I-130 does not confer any right to stay here. In fact, it would make it almost impossible to get a renewed student visa or a visitor's visa because the I-130 shows immigration intent (as a student you are not supposed to have immigration intentions).
She can get an HIB visa if she can find a willing employer. Have you thought about an asylum application for her?
Might be too late now. She is 2.5 yrs in the US. Yeah, that was the answer I was affraid of. They used to have V visa to address this issue, but the law expired. I'm still trying to find some other way. I've heard of some illegal Mexican mothers that were not deported because of the child. Did anybody hear anything regarding this? I think we can prolong her school till 2007, but my citizenship will come in 2008. I have to figure what to do from 2007 to 2008. Maybe practical training or something. If we do practical training, will I-130 application affect it?
thanks gilbert
nofreedom said:Might be too late now. She is 2.5 yrs in the US. Yeah, that was the answer I was affraid of. They used to have V visa to address this issue, but the law expired. I'm still trying to find some other way. I've heard of some illegal Mexican mothers that were not deported because of the child. Did anybody hear anything regarding this? I think we can prolong her school till 2007, but my citizenship will come in 2008. I have to figure what to do from 2007 to 2008. Maybe practical training or something. If we do practical training, will I-130 application affect it?
thanks gilbert
How can you apply for citizenship in 2008? You need four years after adjustment as an asylee. Even if you are approved today, you can be processed for citizenship in 2009 at the earliest.
What is she studying? Is this a field where she can easily find a job? If so, I would recommend an H1B visa.
Having a citizen child does not confer benefits either. The DHS is terribly short staffed. Locating an illegal person who has no criminal/terrorist issues is not a high priority, especially if the person has citizen relatives and is expected to have a visa soon. But nothing is assured (and no one knows where the political winds are blowing) and staying here after the expiration of your visa violates the INA.
nofreedom said:Might be too late now. She is 2.5 yrs in the US. Yeah, that was the answer I was affraid of. They used to have V visa to address this issue, but the law expired. I'm still trying to find some other way. I've heard of some illegal Mexican mothers that were not deported because of the child. Did anybody hear anything regarding this? I think we can prolong her school till 2007, but my citizenship will come in 2008. I have to figure what to do from 2007 to 2008. Maybe practical training or something. If we do practical training, will I-130 application affect it?
thanks gilbert
If you have been in valid status, they generally excuse a late asylum filing. But you better confer with an attorney before applying.
Gilbert said:If you have been in valid status, they generally excuse a late asylum filing. But you better confer with an attorney before applying.
my lawyer is coming back next week and we will see ... if this asylum cap is removed, it might be different ball game.
sorry guys for repeating these questions, but I'm trying to brainstorm and this is my family, so I better get this right.