V-visa for my wife

sun_77

Registered Users (C)
Hi all,

I am a GC holder. Got married to a F-1 student in Feb'04.
I haven't filed I-130 (family based gc) for my wife yet since
it takes a long time (over 5 years).

I am just wondering if my wife is available for V-Visa. Can I file
for her v-visa now. Her F-1 will be done in another two years.

please advice. we really appreciate your help.

Thanks
Sun
 
Philaug28

Sorry to be the bearer of bad news but I do not believe that you are eligible for the V Visa. This is because according to the current ruling you must have filed on or before 21st December 2000 and have been waiting 3 years. Please see the following from the Governments own internet site 'US Citizen and Immigration Service'
http://uscis.gov/graphics/howdoi/hdinonimm.htm




Who is Eligible?
A person may apply at a U.S. consulate abroad for a V-1 or V-2 visa or seek V-1 or V-2 nonimmigrant status while in the United States, if that person:

is lawfully married to a Lawful Permanent Resident of the United States (V-1), or is the unmarried child (under the age of 21) of a Lawful Permanent Resident (V-2); and
is the principal beneficiary of a relative petition (Form I-130) that was filed by the Lawful Permanent Resident spouse/parent on or before December 21, 2000; and
has been waiting at least 3 years since the petition was filed for status as a Lawful Permanent Resident because the petition is still pending, or has been approved but:
an immigrant visa is not yet available; or,
there is a pending application to adjust status or application for an immigrant visa.


:(
 
Top