Welcome Guest! To enable all features please Login or Register.

Notification

Icon
Error

Share
Options
Go to last post Go to first unread
Offline mak  
#1 Posted : Sunday, July 14, 2013 10:29:20 AM(UTC)
mak

Rank: Newbie

Joined: 7/14/2013(UTC)
Posts: 4

Hi
i am on student visa opt and planning to get marry a girl in august 1 2013, who is 17 years old on Green Card.
Can i file for I-130 as i heard the priority date is going to be current in august 2013, if yes than in how many days i can recieve EAD/work authorization or GC.

Thanks in Advance
Offline Sunshine  
#2 Posted : Sunday, July 14, 2013 3:02:21 PM(UTC)
Sunshine

Rank: Member

Joined: 6/17/2013(UTC)
Posts: 22
Woman

Thanks: 11 times
Was thanked: 2 time(s) in 2 post(s)
It all depends on your age and your ability to prove that it is a marriage of goodwill. How much is your age?

Verify with your circuit court if they allow

Also be aware that there may be RFEs and audits.

You may get EAD and AP within 2-3 months but GC will take time depending on the demand and availability
Offline mak  
#3 Posted : Sunday, July 14, 2013 5:36:16 PM(UTC)
mak

Rank: Newbie

Joined: 7/14/2013(UTC)
Posts: 4

I am 27 years old and she will be 18 in november 2013
Offline Amazon  
#4 Posted : Monday, July 15, 2013 12:12:15 PM(UTC)
Amazon

Rank: Senior Member

Joined: 5/31/2013(UTC)
Posts: 591

Thanks: 2 times
Was thanked: 96 time(s) in 78 post(s)
Originally Posted by: mak Go to Quoted Post
Hi
i am on student visa opt and planning to get marry a girl in august 1 2013, who is 17 years old on Green Card.
Can i file for I-130 as i heard the priority date is going to be current in august 2013, if yes than in how many days i can recieve EAD/work authorization or GC.

Thanks in Advance


Some state in US allows people below 18 years to marry with parental consent. You may need to check state laws.

After marriage she can file I-130 petition for you.

However she cannot submit affidavit of support unless she is 18 years of age.

In addition, once she turns 18, she needs to show enough finances to submit affidavit of support. She can also get co-sponsor to sign, and these co-sponsor would be legally liable to support you. You can find more links in this forum thread: http://www.mygcvisa.com/....aspx?g=posts&t=1043

Please remember to add your case to the GC tracker: http://www.mygcvisa.com/tracker
Offline mak  
#5 Posted : Monday, July 22, 2013 8:29:48 AM(UTC)
mak

Rank: Newbie

Joined: 7/14/2013(UTC)
Posts: 4

Thanks for reply Amazon

So after marriage along with i 130 can i apply for I-765 and/or I-131 and i 485?
Offline Amazon  
#6 Posted : Monday, July 22, 2013 2:02:52 PM(UTC)
Amazon

Rank: Senior Member

Joined: 5/31/2013(UTC)
Posts: 591

Thanks: 2 times
Was thanked: 96 time(s) in 78 post(s)
She can file I-130 anytime (17 years age or 18 years age).

Since affidavit of support is required when filing I-485, she can only file I-485 when she is 18 years.

You can file I-765 and I-131 form with I-485 application (or even after filing I-485 application).
Please remember to add your case to the GC tracker: http://www.mygcvisa.com/tracker
Offline mak  
#7 Posted : Monday, July 22, 2013 4:01:55 PM(UTC)
mak

Rank: Newbie

Joined: 7/14/2013(UTC)
Posts: 4

Thanks for the answer Amazon


if i marry now and my pariority date will be current in August and

when she become 18 in november 24 2013 and at that

time the pariority date again went back to 2011 than can i able to file for I-485 and I-765,I-131?
Confused
Offline Amazon  
#8 Posted : Thursday, July 25, 2013 2:31:29 PM(UTC)
Amazon

Rank: Senior Member

Joined: 5/31/2013(UTC)
Posts: 591

Thanks: 2 times
Was thanked: 96 time(s) in 78 post(s)
USCIS requires PD to be current when filing I-485 application.

What you can do is submit I-130 and I-485 at same time in Aug (when PD is current). But do not send affidavit of support.

USCIS will either reject I-485 application (since it does not have that form) or it will accept it and later issue RFE to get that form from you. If they issue RFE, you have some time to respond. If she turns 18, she can send affidavit of support.
Please remember to add your case to the GC tracker: http://www.mygcvisa.com/tracker
Offline baig  
#9 Posted : Thursday, July 25, 2013 3:29:57 PM(UTC)
baig

Rank: Newbie

Joined: 7/22/2013(UTC)
Posts: 3

Thanks for the reply Amazon!

amazon in the below link they are telling 17 years old can file afidavit of suppot for sponsor i-864 with joint sponsor.please check it.

http://www.avvo.com/lega...vit-of-supp-1193266.html


And i heard that after PD is current we will get one year of time to apply for i-485

Edited by user Thursday, July 25, 2013 5:18:15 PM(UTC)  | Reason: Not specified

Offline Amazon  
#10 Posted : Thursday, July 25, 2013 6:48:02 PM(UTC)
Amazon

Rank: Senior Member

Joined: 5/31/2013(UTC)
Posts: 591

Thanks: 2 times
Was thanked: 96 time(s) in 78 post(s)
Originally Posted by: baig Go to Quoted Post
Thanks for the reply Amazon!

amazon in the below link they are telling 17 years old can file afidavit of suppot for sponsor i-864 with joint sponsor.please check it.

http://www.avvo.com/lega...vit-of-supp-1193266.html

They have not explained why that is allowed. Maybe they are making an assumption that by the time USCIS is able to process the application, she would be 18 years of age.

The person who asked the question can try this and see what happens. USCIS may accept it too.

Quote:
And i heard that after PD is current we will get one year of time to apply for i-485

If PD is current in Aug VB, then you can only apply in month of Aug. This means you can apply as long as PD is current. If it retrogress, and your PD is not current, then USCIS will not accept application.
Please remember to add your case to the GC tracker: http://www.mygcvisa.com/tracker
Offline baig  
#11 Posted : Saturday, July 27, 2013 11:44:30 PM(UTC)
baig

Rank: Newbie

Joined: 7/22/2013(UTC)
Posts: 3

Thanks for reply amazon

one last questions

if i filled i 130 and i485 without affidavit of support and if they reject my application, can i
reapply for i 485?



?> If yes, and when i am reapplying i 485 and my PD is not current will they accept my application as i am reapplying for i 485?(means will they accept second time application if my PD is not current)


Offline Amazon  
#12 Posted : Monday, July 29, 2013 8:50:35 PM(UTC)
Amazon

Rank: Senior Member

Joined: 5/31/2013(UTC)
Posts: 591

Thanks: 2 times
Was thanked: 96 time(s) in 78 post(s)
If I-485 is denied and person becomes out of status, USCIS may start deporting the person. Hence anytime I-485 application is denied you should talk to a good and experienced lawyer who can review your case and file a MTR (motion to reconsider). Some may recommend simply applying again. Sometimes if some documents are missing, they might just issue a RFE.
Please remember to add your case to the GC tracker: http://www.mygcvisa.com/tracker
Forum Jump  
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.

Powered by YAF | YAF © 2003-2020, Yet Another Forum.NET
This page was generated in 0.398 seconds.
Rate My Professor Celebrity Net Worth