Still included on green card Petition after 21st birthday?
This is a pretty confusing situation, well for me anyway. I'm not even entirely sure if i'm posting in the right place but I'm praying someone here will be able to help.
My partner was brought to the US as a dependent on his mother H1b visa in 2000, and soon after, a petition was filed for his mother and her dependents by her brother, who is a US citizen.
When he turned 21 recently, he needed to apply for a new visa (F1) as his H4 visa was voided after his 21st birthday. But we can't get any sense out of anyone as to whether or not he's still going to be included on the petition that was filed for him by his uncle for a green card. It's a 13 year process, and it's 5 years in now. Would he still be on that or would he have been removed since he's no longer a dependent and on a different visa on his own accord?
The reason that we want to know is that we're hoping to get married, but with me not being a US citizen either, this is posing quite a problem for us. I am unable to get a visa to stay here and am currently residing to traveling between my home country and the US, much to the dislike of US immigration. Everytime I arrive on the visa waiver program I get interrogated more and more as to what my intentions are.
What we can gather is that if he is included on the petition still, its too late to include me onto it as his wife, and we can't find any other options for us, with no other way of me staying here myself until I've graduated university (which I'm starting in the fall) and applying for my own h1b visa.
Any help would be much appreciated. Thank you for reading this lengthy post!
This is a pretty confusing situation, well for me anyway. I'm not even entirely sure if i'm posting in the right place but I'm praying someone here will be able to help.
My partner was brought to the US as a dependent on his mother H1b visa in 2000, and soon after, a petition was filed for his mother and her dependents by her brother, who is a US citizen.
When he turned 21 recently, he needed to apply for a new visa (F1) as his H4 visa was voided after his 21st birthday. But we can't get any sense out of anyone as to whether or not he's still going to be included on the petition that was filed for him by his uncle for a green card. It's a 13 year process, and it's 5 years in now. Would he still be on that or would he have been removed since he's no longer a dependent and on a different visa on his own accord?
The reason that we want to know is that we're hoping to get married, but with me not being a US citizen either, this is posing quite a problem for us. I am unable to get a visa to stay here and am currently residing to traveling between my home country and the US, much to the dislike of US immigration. Everytime I arrive on the visa waiver program I get interrogated more and more as to what my intentions are.
What we can gather is that if he is included on the petition still, its too late to include me onto it as his wife, and we can't find any other options for us, with no other way of me staying here myself until I've graduated university (which I'm starting in the fall) and applying for my own h1b visa.
Any help would be much appreciated. Thank you for reading this lengthy post!
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