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

Notification

Icon
Error

Share
Options
Go to last post Go to first unread
Offline xin.chen.106  
#1 Posted : Monday, April 28, 2014 6:04:03 PM(UTC)
xin.chen.106

Rank: Member

Joined: 4/28/2014(UTC)
Posts: 5
Man
Location: San Diego, California

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.
Offline Amazon  
#2 Posted : Wednesday, May 7, 2014 6:06:51 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)
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
Offline xin.chen.106  
#3 Posted : Thursday, May 8, 2014 4:43:34 PM(UTC)
xin.chen.106

Rank: Member

Joined: 4/28/2014(UTC)
Posts: 5
Man
Location: San Diego, California

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.
Offline Amazon  
#4 Posted : Thursday, May 15, 2014 6:25:40 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)
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
Offline xin.chen.106  
#5 Posted : Thursday, May 15, 2014 6:53:07 PM(UTC)
xin.chen.106

Rank: Member

Joined: 4/28/2014(UTC)
Posts: 5
Man
Location: San Diego, California

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!
Offline Amazon  
#6 Posted : Thursday, May 15, 2014 7:03:20 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)
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
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 © 2003-2019, Yet Another Forum.NET
This page was generated in 0.094 seconds.
Rate My Professor Celebrity Net Worth