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ss.sh1391

Apply for my wife who is already in the process of F1 visa

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Hello everyone,
I am a green card holder.
Me and my wife have married in Feb 2015.

When we married , she has been already in the process of F1 visa and she is inside the united states via b1/b2 visa. she has not received her F1 visa yet.( Nov 2014 - now: May 12 2015).
Now, I want to fill out I130 for her and apply for her green card.

does anybody know, that if I apply for her green card before receive her student visa, does her F1 visa affect? Does the USCIS find that this 2 person are the same and deny her visa?

Because her F1 process takes a long time, I am so worry for any delay in her green card applying, so I want to apply before receiving her F1. is it a good idea or I must wait until her F1 visa issue then apply Green card via marriage to a green card holder.

Thanks in advanced

Edited by ss.sh1391

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You can apply whenever you want, but her wait time is going to be around 18 months under F2A (spouses and minor children of permanent residents), so the sooner you file it the sooner she will get here.

Her chances of receiving the F-1 grow shorter if the embassy see she already has an immigrant petition pending. Given that she is married to an LPR, her chances of receiving the visa are slim anyway.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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Dear Hypnos

Thank you for your answer, But my wife already is in the US with B1/B2 visa we were married in the US. and it is 4 months that she apply for the change of status from B1/B2 to F1 with I20.when she applied for F1 vis ashe was single.

Now I want to apply for her green card because her visa process has taken along time and I want to apply for her Green card as soon as possible.

the question is, if now I apply for her green card inside the US, does the USCIS find out that she previously applied for F1 visa or not? I don't want that her F1 affected.

Appreciate.

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Yes, they will know.

And as I said above, your wife cannot file for a green card (using an I-485) at this time, since her priority date is not current.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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