Immigration Site

Hi all,

I am a GC holder (DV1) and my wife is F1 Visa holder (will be on status till 6/2013). According to the USCIS web site I need to file I-130 for her and G-325 one each for her and I.

Question: -

1) Will this affect her F1 Visa?
2) Can I also file I-485 at the same time? If not when can I file I-485?
3) Do you know how long it takes to get a priority date and when does a priority date start from, I mean is it day of filing I-130 or day application got approved?

I really appreciate any help and guidance I can get.

You can file an I-485 if her priority date is current. You need to look at the visa bulletin to see if thats the case. Im not sure but I think there is a few months lag. Yes this will affect her F1 visa and she may be denied entry if she leaves except with advance parole. You should look up the priority dates for your category on the USCIS website that will tell you approximately how many months you will have to wait before filing a 485.

1) Will this affect her F1 Visa?
2) Can I also file I-485 at the same time? If not when can I file I-485?
3) Do you know how long it takes to get a priority date and when does a priority date start from, I mean is it day of filing I-130 or day application got approved? 1) Yes and no ... she can continue to study with her F1 after you file the I-130, but shell probably be unable to reenter the US with the F1 visa if she leaves.
2) No. You have to file I-130 first to establish a priority date, then wait 6+ months till the visa bulletin crosses your priority date in the family 2A category, at which time you can file the I-485 (note that the visa bulletin takes effect in the month after it is published).

3) Priority date = I-130 filing date.

Now would you please answer these questions:
a) When did you get your GC?
b) When did she apply for her F1?
c) Was she married or engaged to you when she applied for the F1?
d) When did she last enter the US?

Depending on your answers, things may get faster and simpler or more complicated (Ill explain).

Thanks Jackolantern,

a) I got my green card on 11/2005 but have still 2 years for USC as I was out for 2 years
b) she applied for her F1 this year
c) no we were neither married nor engaged not even thinking of getting married when she applied... all happened later
d) last time she came was around june/july this year.