Getting Married With GC Holder

[redur47 0]

Hello everyone. İ got married with my wife . I came to usa with work and travel(j1 visa ). I have not two year rule.  I applied to change of status from j1 to f1 and got married  last week. My wife has a green card. She is got green card last year.I have 8 years relationship with her.  Which visa should i apply and does she have to be sponsor for me ? 

[caliliving 606]

2 hours ago, redur47 said:

Hello everyone. İ got married with my wife . I came to usa with work and travel(j1 visa ). I have not two year rule.  I applied to change of status from j1 to f1 and got married  last week. My wife has a green card. She is got green card last year.I have 8 years relationship with her.  Which visa should i apply and does she have to be sponsor for me ? 

how long has she been a greencard holder? She needs to be a USC to petition for you and you can not overstay. to petition as a Greencard holder takes a long time. and you can not overstay.

how did she get her greencard and when? 

[redur47 0]

2 hours ago, caliliving said:

how long has she been a greencard holder? She needs to be a USC to petition for you and you can not overstay. to petition as a Greencard holder takes a long time. and you can not overstay.

how did she get her greencard and when? 

she got green card july 2017 and from lottery 

[caliliving 606]

2 hours ago, redur47 said:

she got green card july 2017 and from lottery 

She needs to be USC. It takes 5 years 

[redur47 0]

36 minutes ago, caliliving said:

She needs to be USC. It takes 5 years 

but why  ? why she can not do ? if we fill the i130 and other documents and send to uscis what will happen ?

[geowrian 22,336]

No need to be a USC to file for a spouse as an LPR. You will be in F2A category. ETA: ~2 years.

 

That said, you cannot have any overstay since it is not ignored for AOS purposes in your case. If your lawful presence terminates before filing for AOS then you must leave the US and undergo consular processing for an immigrant visa. You also cannot leave the US and then return to AOS (entering with intent to AOS is fraud).

 

To start the process she will need to file an I-130.

[SusieQQQ 11,585]

5 hours ago, caliliving said:

She needs to be USC. It takes 5 years 

No she doesn’t, a LPR can file for a spouse, but as geowrian says OP cannot overstay.

 

i don’t know in his case either if there is any implication of having just changed status to F1, non-immigrant, when he presumably already had intent to stay and adjust.  If not then he just needs to maintain status till AOS complete.

Edited January 3, 2018 by SusieQQQ

[Boiler 43,698]

She files

 

He stays on his F1 for circa 2 years

 

He adjusts.

[redur47 0]

Which documents should I send with I-130? Should we fill I-864? We just apply for F1, it will get respond by April probably. If I will get danaid from USCIS for F1 then we have to take 2 years pre-entry for my wife, so she will not be in US 2 years. Will this affect our case?

[geowrian 22,336]

1 minute ago, redur47 said:

Which documents should I send with I-130? Should we fill I-864? We just apply for F1, it will get respond by April probably. If I will get danaid from USCIS for F1 then we have to take 2 years pre-entry for my wife, so she will not be in US 2 years. Will this affect our case?

In general, follow the guide for a CR-1/IR-1 visa (spouse of a USC). But use the green card as proof of status instead of showing US citizenship, obviously. Read the I-130 instructions closely so you are clear on what is needed. There is a checklist on the bottom as well.

http://www.visajourney.com/content/i130guide1

 

The I-864 comes in either when you file for AOS, or when the case is sent to NVC...depending on if you end up being able to AOS or not.

 

Your wife should obtain a re-entry permit if she will be abroad for that long. She must maintain permanent residency in the US to maintain her LPR status. She still needs to file US taxes as appropriate, and should maintain the rest of her US ties.

[redur47 0]

20 minutes ago, geowrian said:

In general, follow the guide for a CR-1/IR-1 visa (spouse of a USC). But use the green card as proof of status instead of showing US citizenship, obviously. Read the I-130 instructions closely so you are clear on what is needed. There is a checklist on the bottom as well.

http://www.visajourney.com/content/i130guide1

 

The I-864 comes in either when you file for AOS, or when the case is sent to NVC...depending on if you end up being able to AOS or not.

 

Your wife should obtain a re-entry permit if she will be abroad for that long. She must maintain permanent residency in the US to maintain her LPR status. She still needs to file US taxes as appropriate, and should maintain the rest of her US ties.

can somebody be co sponsor for us ?

[geowrian 22,336]

3 minutes ago, redur47 said:

can somebody be co sponsor for us ?

A joint sponsor is an option for the I-864. It can be any USC or LPR living in the US.

[redur47 0]

10 hours ago, geowrian said:

A joint sponsor is an option for the I-864. It can be any USC or LPR living in the US.

when i sent to i130 form ,do i have to send sponsor form too ?

[geowrian 22,336]

29 minutes ago, redur47 said:

when i sent to i130 form ,do i have to send sponsor form too ?

You don't file the I-864 with the I-130. If you end up doing AOS, then you file the I-864 with the I-485. If you end up doing consular processing (getting the immigrant visa abroad), then the I-864 is sent to NVC once the PD is current.

Edited January 4, 2018 by geowrian

[redur47 0]

27 minutes ago, geowrian said:

You don't file the I-864 with the I-130. If you end up doing AOS, then you file the I-864 with the I-485. If you end up doing consular processing (getting the immigrant visa abroad), then the I-864 is sent to NVC once the PD is current.

after my i130 get approved and than when i passed to consulate interview i will get green card right away correct ? do i have to make AOS after i came to usa  ?