Applyig for F1 status and I-130

[Sm07 1]

How is your boyfriend getting his GC?

Extraordinary ability

[newacct 688]

Extraordinary ability

So he's doing Adjustment of Status? Has it already been approved? Or is it still pending?

If it is still pending, one option would be to hurry and get married before it gets approved, and then you would qualify to immigrate as his derivative beneficiary without waiting for visa numbers.

[Sm07 1]

So he's doing Adjustment of Status? Has it already been approved? Or is it still pending?

If it is still pending, one option would be to hurry and get married before it gets approved, and then you would qualify to immigrate as his derivative beneficiary without waiting for visa numbers.

First they said he has been approved but then the lawyer recieved a letter saying that he needs to come for interview. Interview is scheduled for the end of June. I'm afraid our marriage before his interview may affect bad on his interview

[newacct 688]

First they said he has been approved but then the lawyer recieved a letter saying that he needs to come for interview. Interview is scheduled for the end of June. I'm afraid our marriage before his interview may affect bad on his interview

Marriage should not have any effect on the adjudication of his extraordinary ability petition or his Adjustment of Status.

If he is not approved yet (which it sounds like), don't miss this narrow window of opportunity to immigrate immediately.

[Sm07 1]

Marriage should not have any effect on the adjudication of his extraordinary ability petition or his Adjustment of Status.

If he is not approved yet (which it sounds like), don't miss this narrow window of opportunity to immigrate immediately.

Thank you for the answer

So how is it possible to immigrate immediately for both of us? We'll go to interview together and he say he got married some days before and what happened next? Then he doesnt need to petition? He didn't put me in his case when he applied for GC extraordinary. My appearance will be sudden for them, especially considering that they scheduled an interview for him - what wasn't supposed to happen. They should have sent him GC by mail as they usually do in this situation, but seems like they have doubts

And if we marry before I apply for changing status B2 to F1 (student) it leave me no chance at all to change tourist status for student status within the US

Edited June 8, 2016 by Sm07

[Sm07 1]

Isn't it suspicious and questionable if he marries and receive his marriage certificate 1-2 days before an interview

The interview is less than in 2 weeks and we won't be able to marry earlier than in a week because he is overseas now

Edited June 8, 2016 by Sm07

[newacct 688]

Thank you for the answer

So how is it possible to immigrate immediately for both of us? We'll go to interview together and he say he got married some days before and what happened next? Then he doesnt need to petition? He didn't put me in his case when he applied for GC extraordinary. My appearance will be sudden for them, especially considering that they scheduled an interview for him - what wasn't supposed to happen. They should have sent him GC by mail as they usually do in this situation, but seems like they have doubts

And if we marry before I apply for changing status B2 to F1 (student) it leave me no chance at all to change tourist status for student status within the US

By immediate I mean you become eligible to file Adjustment of Status immediately after marriage (if the marriage took place before he became a permanent resident), instead of having to wait for a number of years if he petitions you. You would still need to file an AOS application and it will take however long AOS usually takes, so you will end up becoming a permanent resident later than him, but the point is you don't have to wait for years and maintain status for years, etc. You would be able to stay soon (immediately after filing AOS). There are also other advantages like not having to do an Affidavit of Support, since it's an employer-based category; also, you will become a non-conditional permanent resident.

Your AOS application can be filed before or after he becomes a permanent resident. What matters is that the marriage took place before he became a permanent resident, and you are in status at the time of filing AOS. It's okay that he didn't put you when he applied for AOS, because he wasn't married at that time -- it was truthfully filled out at the time he filled it.

I am not sure why he has an interview. I don't think you would attend, since you wouldn't have applied yet. Any doubts would probably be concerning his EB1A petition, because if the petition is approved, there aren't many reasons that AOS would be denied. The petition only cares about his extraordinary ability, and not about you or his marital status.

If you go this route, you wouldn't need to change to F1 status -- you would file AOS soon (before your current status expires) and can stay in the US and study while AOS is pending. I guess there's the remote worst-case possibility of his petition and AOS being denied, causing your AOS to be denied (or preventing you from filing AOS if you hadn't done it yet), but in that case the same situation would apply to your then-spouse, and you can do whatever he does -- if he can file for AOS again then you can too; if he has some still-valid status to fall back on, e.g. O-1, you can get the derivative status of that; if he has to leave the country, then I guess you would go with him.

[Sm07 1]

By immediate I mean you become eligible to file Adjustment of Status immediately after marriage (if the marriage took place before he became a permanent resident), instead of having to wait for a number of years if he petitions you. You would still need to file an AOS application and it will take however long AOS usually takes, so you will end up becoming a permanent resident later than him, but the point is you don't have to wait for years and maintain status for years, etc. You would be able to stay soon (immediately after filing AOS). There are also other advantages like not having to do an Affidavit of Support, since it's an employer-based category; also, you will become a non-conditional permanent resident.

Your AOS application can be filed before or after he becomes a permanent resident. What matters is that the marriage took place before he became a permanent resident, and you are in status at the time of filing AOS. It's okay that he didn't put you when he applied for AOS, because he wasn't married at that time -- it was truthfully filled out at the time he filled it.

I am not sure why he has an interview. I don't think you would attend, since you wouldn't have applied yet. Any doubts would probably be concerning his EB1A petition, because if the petition is approved, there aren't many reasons that AOS would be denied. The petition only cares about his extraordinary ability, and not about you or his marital status.

If you go this route, you wouldn't need to change to F1 status -- you would file AOS soon (before your current status expires) and can stay in the US and study while AOS is pending. I guess there's the remote worst-case possibility of his petition and AOS being denied, causing your AOS to be denied (or preventing you from filing AOS if you hadn't done it yet), but in that case the same situation would apply to your then-spouse, and you can do whatever he does -- if he can file for AOS again then you can too; if he has some still-valid status to fall back on, e.g. O-1, you can get the derivative status of that; if he has to leave the country, then I guess you would go with him.

I see

Now I inderstand, in this case he don't need petition I-130 so we'll minify terms of the whole reunion process -6 months or whatever I-130 takes.

[newacct 688]

I see

Now I inderstand, in this case he don't need petition I-130 so we'll minify terms of the whole reunion process -6 months or whatever I-130 takes.

Actually, the time I-130 takes is not important. The wait is caused by the wait for visa numbers to become available, which in F2A category is currently around 1.5 years. You need to have visa numbers be available before you can proceed to the next step (either Adjustment of Status or Consular Processing).

[Sm07 1]

Actually, the time I-130 takes is not important. The wait is caused by the wait for visa numbers to become available, which in F2A category is currently around 1.5 years. You need to have visa numbers be available before you can proceed to the next step (either Adjustment of Status or Consular Processing).

How long does the process take in NYC and in CA? Do we need to apply from the state we live in Edited June 8, 2016 by Sm07

[newacct 688]

How long does the process take in NYC and in CA? Do we need to apply from the state we live in

How long does which process take? I'm not sure what you're asking about. You would apply for whatever and it may be processed based on where you live, yes.

I think the main thing is that if you marry before he becomes a permanent resident, you can apply for Adjustment of Status right away. It's the applying for Adjustment of Status that matters most, and how long Adjustment of Status takes doesn't mater that much. Once you apply for AOS, you will immediately be authorized to stay in the US regardless of your status, and you can get an EAD and AP in 90 days, which gives you most of the rights of a permanent resident. If you have to wait 1 or 2 years to apply for Adjustment of Status, then you will need to maintain status until that time.

Your plan to do Change of Status to F1 in the US is also risky. Change of Status to F1 in the US often fails, because you can only apply for Change of Status within 30 days of the start of your program, but Change of Status can take 4 or 5 months to process, which means you will be forced to miss the start of your program. One person was on here not that long ago in this situation, and his school moved the start date once to later once he missed the original start date, causing his application to no longer have been filed within 30 days of the start date, which caused it to be denied. It was a Catch-22 (filing within 30 days of the start date caused it to be filed not within 30 days of the start date). Getting an F1 visa might be better in this regard.

But also in general, you cannot do Change of Status to F1 or get an F1 visa and enter the US with preconceived intent to do Adjustment of Status while here. The fact that you married, or is about to marry, a US permanent resident indicates you likely have immigrant intent, as a permanent resident is required to reside in the US, and if you are going to be married, you would be expected to live with your spouse. So Change of Status and/or getting a visa and entering will be risky. If you can do Adjustment of Status now, before your current status expires, you avoid all of these problems.

[Sm07 1]

How long does which process take? I'm not sure what you're asking about. You would apply for whatever and it may be processed based on where you live, yes.

I think the main thing is that if you marry before he becomes a permanent resident, you can apply for Adjustment of Status right away. It's the applying for Adjustment of Status that matters most, and how long Adjustment of Status takes doesn't mater that much. Once you apply for AOS, you will immediately be authorized to stay in the US regardless of your status, and you can get an EAD and AP in 90 days, which gives you most of the rights of a permanent resident. If you have to wait 1 or 2 years to apply for Adjustment of Status, then you will need to maintain status until that time.

Your plan to do Change of Status to F1 in the US is also risky. Change of Status to F1 in the US often fails, because you can only apply for Change of Status within 30 days of the start of your program, but Change of Status can take 4 or 5 months to process, which means you will be forced to miss the start of your program. One person was on here not that long ago in this situation, and his school moved the start date once to later once he missed the original start date, causing his application to no longer have been filed within 30 days of the start date, which caused it to be denied. It was a Catch-22 (filing within 30 days of the start date caused it to be filed not within 30 days of the start date). Getting an F1 visa might be better in this regard.

But also in general, you cannot do Change of Status to F1 or get an F1 visa and enter the US with preconceived intent to do Adjustment of Status while here. The fact that you married, or is about to marry, a US permanent resident indicates you likely have immigrant intent, as a permanent resident is required to reside in the US, and if you are going to be married, you would be expected to live with your spouse. So Change of Status and/or getting a visa and entering will be risky. If you can do Adjustment of Status now, before your current status expires, you avoid all of these problems.

Thank you a lot for detailed answer

We'll try to get married before his interview. But for now it looks like a dream to me. The thing is that he is out of country on working visit, so in worse situation he comes back to the US just before the interview.

Can you give an advise what to do if we will not manage to get married before his interview?

As you said changing B2 to F1 may look like immigrant intent and cause problems for my future GC. Can it be reason of denial of my GC even if our relationship is real and we can prove it?

But still it will let me to stay in the US as long as my pending status for F1 lasts (5-6 months) while I'm waiting for my GC visa number at the same time.

(What if may pending status for F1 lasts that long that I receive GC visa number while F1 pending, immediately apply for AoS and stay in the US longer on behalf of AoS petition)

So am i better to apply 1) for F1 status and GC both and in which order

or 2) for GC only but, leave the country when my B2 expires and wait for interview these 2 years in my home county

[newacct 688]

Thank you a lot for detailed answer

We'll try to get married before his interview. But for now it looks like a dream to me. The thing is that he is out of country on working visit, so in worse situation he comes back to the US just before the interview.

Can you give an advise what to do if we will not manage to get married before his interview?

As you said changing B2 to F1 may look like immigrant intent and cause problems for my future GC. Can it be reason of denial of my GC even if our relationship is real and we can prove it?

But still it will let me to stay in the US as long as my pending status for F1 lasts (5-6 months) while I'm waiting for my GC visa number at the same time.

(What if may pending status for F1 lasts that long that I receive GC visa number while F1 pending, immediately apply for AoS and stay in the US longer on behalf of AoS petition)

So am i better to apply 1) for F1 status and GC both and in which order

or 2) for GC only but, leave the country when my B2 expires and wait for interview these 2 years in my home county

We don't actually know that he will be approved on the day of the interview. It is possible for it to be on that day, or it could come later. So there might be some more time but it's hard to know until afterwards.

Even if the I-130 is filed immediately after he becomes a permanent resident, there is no way a visa number will be available for the F2A category in 5-6 months. The wait is currently about 1.5 years. Although USCIS had in some past months allowed filing AOS on an earlier date (but not in recent months), that would still be something like 8-9 months, not as short as 5 months. Second, in order to file AOS you need to be in status. A pending change of status doesn't count, and if you file AOS then they will still have to wait until the COS is approved before proceeding. A COS to F1 will likely be denied if you file AOS.

I am not exactly sure what you mean by "apply for GC". Do you mean him filing the I-130 petition? Yes, having a pending petition could adversely impact your Change of Status. He could wait until your COS is approved (if it gets approved) before he files the petition, though that will delay the process. Again, as mentioned before COS to F1 often don't work, even when without any immigrant intent issues; leaving and getting an F1 visa might have better chances. If you're married to him at this point though, both getting visas and Change of Status could be hard due to immigrant intent.

[M Ahmed123 0]

How much time I-130 our relative anty submite our file 2010 so please any buddy tell me how much time and my age 23 so I get visa or no please guide me..

[Sm07 1]

We don't actually know that he will be approved on the day of the interview. It is possible for it to be on that day, or it could come later. So there might be some more time but it's hard to know until afterwards.

Even if the I-130 is filed immediately after he becomes a permanent resident, there is no way a visa number will be available for the F2A category in 5-6 months. The wait is currently about 1.5 years. Although USCIS had in some past months allowed filing AOS on an earlier date (but not in recent months), that would still be something like 8-9 months, not as short as 5 months. Second, in order to file AOS you need to be in status. A pending change of status doesn't count, and if you file AOS then they will still have to wait until the COS is approved before proceeding. A COS to F1 will likely be denied if you file AOS.

I am not exactly sure what you mean by "apply for GC". Do you mean him filing the I-130 petition? Yes, having a pending petition could adversely impact your Change of Status. He could wait until your COS is approved (if it gets approved) before he files the petition, though that will delay the process. Again, as mentioned before COS to F1 often don't work, even when without any immigrant intent issues; leaving and getting an F1 visa might have better chances. If you're married to him at this point though, both getting visas and Change of Status could be hard due to immigrant intent.

If we enable to marry before interview and then petition AOS and travel document same time - that means that I receive travel document within 90 days after petition and after that I can travel and go back to the US while Adjustment pending?

Will they allow me to enter the US again or send back to my country to wait for interview? (I need to go through interview, don't I?)