xin.chen.106
Tuesday, April 29, 2014 2:04:03 AM
Hi,Please help me.
I am a green card holder and my wife's I130 priority date is Oct. 23 . She is in OPT right now, but after July 1st, she will out of the status.
My question is, does she need keep her status after July 1st?
Also, I can apply the citizenship on October, after I become a citizen next year, should I fill out I130 for her again if she out of the status. Thank you.
Amazon
Thursday, May 8, 2014 2:06:51 AM
You havent mentioned if you have filed I-485. If you have, she can legally stay in US while I-485 is pending.

After becoming citizen, you can upgrade your I-130 application to IR1/CR1. This way you do not have to wait for visa bulletin date movement.
Please remember to add your case to the GC tracker: http://www.mygcvisa.com/tracker 
xin.chen.106
Friday, May 9, 2014 12:43:34 AM
Thank you for your quick respond. I didn't file the I485 for her yet because the F2A is not current.
So you mean, if she did't file the I485, she have to keep the legal status?

After I become a citizen, can I submit the IR1/CR1, I485 and EAD Application at same time(she wont have legal status at that time)?

Thank you.
Amazon
Friday, May 16, 2014 2:25:40 AM
Yes, she has to be in legal status if she is planning to reside in US. Staying in US illegally for 6 months or more can trigger a ban for 3 years or 10 years. You can upgrade to IR1/CR1 after you become citizen. Remember to make sure she maintains legal status.
Please remember to add your case to the GC tracker: http://www.mygcvisa.com/tracker 
xin.chen.106
Friday, May 16, 2014 2:53:07 AM
Thank you, Amazon.

I just want to make sure,
Our situation is : I will apply for the citizen this year October, probably I will become the citizen next year March.
During that time, she cant keep the legal status. Do you think I can still apply her after I become the citizen?


Also her I130 PD is October 27 2013, is there any chance that F2A will become current by the end of the year? If that is possible I will ask her to go to a language school..... (but she already have a Master Degree in the USA.....)

Thank you sooo much!
Amazon
Friday, May 16, 2014 3:03:20 AM
Since I dont know the complete case details, it would be helpful to talk to a good lawyer.

In short, she has to maintain legal status. Else it can trigger a 3 year or 10 year ban.

She can definitely go on F1 visa even if she has masters degree. If she is on F1 visa, she can maintain legal status. This may be the best option. A good lawyer can review your complete case details and provide best guidance.
Please remember to add your case to the GC tracker: http://www.mygcvisa.com/tracker 
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