GC for spouse who is on a student visa

[bv2925]

Hi,

I am a permanent resident and received my GC 2 and a half years ago when i was single. I would want to start the GC application process for my spouse (wife) who is on a student visa.

my spouse had arrived into the US in July 2012 and we have been married in the US in Jan 2013.

 

Are there any issues that i would come across if i would have to start the GC process for my spouse.

Is there anyone who have been in a similar situation and could provide useful tips.

Thanks

 

[pontevecchio]

File her I-130 and AOS next month with the help of a law firm. Do not wait. Keep all documents needed ready. Talk to a Lawyer now. File in August.

[nc23]

hi pontevecchio,

I am in a similar situation and planning on filing in August. I wanted to clarify if its possible to obtain EAD and AP for my wife if I file I-130 and I-485 ? Also, can we continue to renew her EAD and AP so that she can continue to legally stay and work in the country until the I-485 gets approved?

[pontevecchio]

@nc23,  YES.

[bv2925]

Hi pontevecchio,

I have filed the form I130 in september and was wondering if i can file I485 now even if the case status shows inital review.

 

thanks.

[pontevecchio]

Look up the Visa Bulletin. Once the PD for her which will be on the notice is past file her AOS.

[bv2925]

Hi There,

We have filed the I-130 on 09-27-2013 and have received an approval notice dated 03-21-2014.

As mentioned in your earlier reply "Once the PD for her which will be on the notice is past file her AOS", the current priority date and details as of now are as follows.

 

I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 September 30, 2013

 

Is this the right time to file for AOS which is I485.

Your response is appreciated.

 

Thanks.

[pontevecchio]

Her PD is September 21, 2013. The current date is February1, 2013. Hence you still have a wait. Why are you not a CITIZEN YET?

[JoeF]

Hi There,

We have filed the I-130 on 09-27-2013 and have received an approval notice dated 03-21-2014.

As mentioned in your earlier reply "Once the PD for her which will be on the notice is past file her AOS", the current priority date and details as of now are as follows.

 

I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 September 30, 2013

 

Is this the right time to file for AOS which is I485.

Your response is appreciated.

 

Thanks.

 

Look up the current Visa Bulletin. Search for it with your favorite search engine.

If the PD cutoff date is later than the PD of the I-130, then and only then can an I-485 be filed.

The current PD cutoff date for the Family 2A category, spouses of Permanent Residents, is March 1, 2013.

[bv2925]

Her PD is September 21, 2013. The current date is February1, 2013. Hence you still have a wait. Why are you not a CITIZEN YET?

Thanks for the reply. I have received my GC in Jan 2011 and still have time to apply for citizenship.

 

Thanks.

BV

[bv2925]

Look up the current Visa Bulletin. Search for it with your favorite search engine.

If the PD cutoff date is later than the PD of the I-130, then and only then can an I-485 be filed.

The current PD cutoff date for the Family 2A category, spouses of Permanent Residents, is March 1, 2013.

Thank you.

[bv2925]

Hi Pontevecchio/Joe,

 

Now our only option left is to apply for her OPT/CPT.

Will CPT/OPT have a conflict with her 1485 when we apply for it.

She will be graduating this December(2015) and if she has to stay here legally then we would have to apply for OPT/CPT.

We intend to go to india this december for a months vacation. Will it be an issue for her to return back in January. 

Is it safe to travel in our current situation.

 

Thanks.

BV

[pontevecchio]

Please discuss your matter with a Lawyer before the trip. Maybe the firm of Murthy?

[JoeF]

Hi Pontevecchio/Joe,

 

Now our only option left is to apply for her OPT/CPT.

Will CPT/OPT have a conflict with her 1485 when we apply for it.

She will be graduating this December(2015) and if she has to stay here legally then we would have to apply for OPT/CPT.

We intend to go to india this december for a months vacation. Will it be an issue for her to return back in January. 

Is it safe to travel in our current situation.

 

Thanks.

BV

 

First, forget CPT. That is a sure way into lots of problems. No real university would just give out CPT. It would always have to be as a required part of the curriculum.

Second, with an I-130 pending or approved, she will have a hard time getting OPT, and she will have a hard time coming back on F1 from a trip abroad.

The F1 does not allow immigration intent, but the I-130 shows that she has immigration intent.

 

So, you guys are essentially caught between a rock and a hard place. This is one of the worst situations in immigration. The failed comprehensive immigration reform proposal had a fix for it, but the political climate is bad for immigrants, and will likely be for the next 2 years at least.