Immigration Site

Hello everybody,

I have some concern about wife immigration case. Would anybody have any idea or any experien about this scenario please help me.

I am an LPR through Asylum (will be eligible for USC in 2014). I got married with my wife for almost a year now. My wife came to the US on F1 visa and she is out of status now since she didnt go to school anymore.

I have applied I-130 for her in March 2010. I check the processing time at USCIS websit it indicate that the I-30 petition for spouse process in March 23 2009. However the visa for LPR petition for spouse is (F2A) is in 1 Jan 2010 . If this process going faster then I expected, Let say the my wife I-30 got approved and the visa become available.

Can my wife adjust her status here in the US (since I dont become a USC yet)?
If so how long can she become a USC?

You answer will be appriciated. Thanks.

Hello everybody,

I have some concern about wife immigration case. Would anybody have any idea or any experien about this scenario please help me.

I am an LPR through Asylum (will be eligible for USC in 2014). I got married with my wife for almost a year now. My wife came to the US on F1 visa and she is out of status now since she didnt go to school anymore.

I have applied I-130 for her in March 2010. I check the processing time at USCIS websit it indicate that the I-30 petition for spouse process in March 23 2009. However the visa for LPR petition for spouse is (F2A) is in 1 Jan 2010 . If this process going faster then I expected, Let say the my wife I-30 got approved and the visa become available.

Can my wife adjust her status here in the US (since I dont become a USC yet)?
If so how long can she become a USC?


You answer will be appriciated. Thanks. rickyjkh, unfortunately nothing you can do for your wife at this time. You have to wait till you get your citizenship than its going to be easy regardless shes out of status.
I had similar situation like yours. I got married when I was LPR ( Asylum based ). My wife was a Canadian PR ( Permanent resident ) therefore when she came to US back in 2002 she never needed nor any visa or upon arrival no I-94. We tried to get her social but was asked for I-94 & I tried to make them understand that being a Canadian resident she was never issued I-94. But social security admins office dont care they need to see that. We tried to get her a drivers license but no luck either cause they need to see her social security card. We were upset & consulted two attorneys to find out any ways it could be done. But both attorneys suggested us to wait till I become US citizen. I even asked them attorneys what if she gets caught one day & get deported. Both attorneys replied that chance is slim unless she engage herself in any crime.
So We waited all this time & this year March I became an US citizen & just month later in April filed for her adjustment of status ( I-485 ) along with relative petion ( I-130) & EAD ( I-765).
First of all I was bit confused thinking should I do it all by own ( Since wife out of status ) or hire an attorney but in this forum I read lots of members comments on that out of status issue & found out being an US citizens spouse ( Immidiate relative ) her over stay issue will be forgiven. Therefore instead of waisting money I rather filed everything myself. I even included a cover letter to USCIS with all details with the application.
Wife received her EAD in March ( One month after application ) & we went & got her social security also drivers license. We also had our interview in 2nd August & it lasted only 5/10 minutes max. Very easy one. IO informed us about our approval right away & wife would be receiving her GC in 30 days. We just received her welcome notice as a new PR status two days ago along with the I-130 approval letter.
So just wait till you become US citizen & rest of the process is very simple. Out of status is not a issue at all provided entry to US is legal which in your wifes case ( F1) is just fine. I assume since she came as student she probably already got her social & drivers license done earlier. So just wait.
Atique.

Hello everybody,

I have some concern about wife immigration case. Would anybody have any idea or any experien about this scenario please help me.

I am an LPR through Asylum (will be eligible for USC in 2014). I got married with my wife for almost a year now. My wife came to the US on F1 visa and she is out of status now since she didnt go to school anymore. I deduce that your GC was approved in 2010, and you were married in 2009. So she might be eligible for a derivative green card as a result of you marrying her before your green card was approved, which means she would not have to worry about the visa bulletin cutoff dates, and the I-130 would be unnecessary. Im not sure shes eligible, as there may be some other asylum-specific rules involved, but it is a possibility you should check out.

However, you still have the out-of-status issue to worry about. That will prevent her from adjusting status while you are a permanent resident, but she may be able to obtain a green card through a consulate. How long has she been out of status?

Hello Atique.Rahman and Jackolantern,
Thank you for your comment.

Your right Jackolantern, I got married in August 2009 which I am still an asylee. My wife is not eligible for a derivative green card because I got married after my asylum was approved. She doesnt have a DL or SSN because when she got here the law was change. They dont issue u a SSN unless u work at school which is she doesnt. Well she got her DL before but now its expired and she cant renew it. Well she came here in 2005 and she out of status about 4 years now.

My concer is what if her I-130 get approved and the visa become available before I become a USC? Can I apply I-485 for her while I am an LPR? Will get it got denied than? Have any idea? When I apply I-130 I check the visa bulliten it said the proccess in in 2007 Which I estimate the time it become available I should become USC. but now the process move really quick. the visa bulletin said the process to Jan 1 2010. i file the I-130 on March 19 2010.

Any advice please healp..