Running out of options

takingforever

New Member
got my PR 4 days before I got married in Jan 02. Filed I-130 for my wife (F1) in May 02. Wife's F1/PT expiring in Sept 05. What are my options now?

Thanks
 
takingforever said:
got my PR 4 days before I got married in Jan 02. Filed I-130 for my wife (F1) in May 02. Wife's F1/PT expiring in Sept 05. What are my options now?

Thanks

Hi,

After you married your wife, did you file only I-130? You didn't file other forms such as I-485, G-325A, I-693, I-864 with I-130?

And your wife's current status is a F-1 part-time student??? You meant PT as OPT??
 
We were told that since my PR was approved 4 days before we got married we have to file for I-130. Had we gotten married a week before my PR aproval my wife could have gotten the PR much easily as I was on H1 that time.
 
Let many other including myself, your wife has very limited options. If she leave US, she can not enter US after filing the I-130. If she plan to stay, she will need to do what she can to be legally here. Hope she can get H1 after her OPT. Else, back to F1 or other legal status.

Not everyone is that lucky. If she can not maintain her legal status, she can return home and stay there until your I-130 is approach and her visa number is current to file at home country.

In general, I-130 takes 5 years and up. So, it is a long painful process. I have experienced it first hand. We run out of all options. but we are at the end of the journey now. My suggestion to you is to file for USC as soon as you can. Once you are USC, things will go along faster. About 1 year to get her GC. If she happen to fall out of status (e.g., overstay) during this period, she can still get her GC after you gained your USC.

The spouse of LPR is in for a hard life unless he/she is in H1-B or F1 or some other visa.

There is also something call K-3 visa. But I did not explore at that time, don't remember why. It is kind of new, do read up and see if it does you any good.

Good luck.
 
kenmw said:
There is also something call K-3 visa. But I did not explore at that time, don't remember why. It is kind of new, do read up and see if it does you any good.

The K-3 was designed to close (well, really open) a situation where an alien fiance(e) of a US citizen could enter on a K-1 non-immigrant visa, but there was no mechanism for the spouse of a US citizen to do so. It is not open to spouses of permanent residents.
 
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