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DavidMCK

i94 - Extending the visa or other options?

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Hi everyone,

I'm wondering if anyone can give me some advice.

My girlfriend moved to the states with her parents when she was 11, she's now 18. Her parents came over to start a business and she came with them on their e4 business visa. With her upcoming graduation and the prospect of moving on to college we have been talking about long term future plans and such. What is of concern is that when she turns 21 she will completely lose the visa since she won't be covered by her parents anymore. Having been here so long she is completely settled, this is her home. So the idea of her being forced to leave is just a horrible option which is why I'm here for help.

Her current visa doesn't allow her to work either which is going to be a problem.

Does anyone have any advice on what might be the best option to pursue for us? I looked at a student visa but it seems that doesn't leave any option after school is finished.

Thank you!

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Unless you want to marry a student visa is really the only viable option. A student visa could be renewed for grad school, though, and also allow for OPT (practical training) afterwards. Perhaps by that point (4+ years down the road) she will be able to get a work visa depending on her degree or you guys will be ready to marry.


OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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Well something else I was thinking about today.

Her brother (24 year old) is here also here and is married to a citizen - he has his green card. Is there a system in place where he could sponsor her or something to that effect?

Edited by DavidMCK

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Well something else I was thinking about today.

Her brother (24 year old) is here also here and is married to a citizen - he has his green card. Is there a system in place where he could sponsor her or something to that effect?

Once the brother is a citizen (more wait) he can petition the sister but the wait for that is 10 years or more, and she would have to leave in the meantime. If she wants to go to college, student visa seems the best for now.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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