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I-130 while being in the USA

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  • I-130 while being in the USA

    Hello, I'm a permanent resident, I have my green card, and I would like my wife to join me next fall, I look up on USCIS and it says I have to file for the I-130 and pay the fee.

    from your own personal experiences, tell me: I want to start the procedure once shes in the USA on a tourist visa (actually shes french so she does not need any kind of visa to visit me)

    1. do I have the right to do it?
    2. also when the procedure has started, does she have the right to stay in the country?
    3. she would like to go university, will she have the right to?
    4. is there anything I'm forgetting???

    5. also i wanted to say that's we're newly wed, and we are very young (22yrs old) do you think we have any chances to succeed?

    thanks in advance for your answers

  • #2
    Hello, I'm a permanent resident, I have my green card, and I would like my wife to join me next fall, I look up on USCIS and it says I have to file for the I-130 and pay the fee.

    from your own personal experiences, tell me: I want to start the procedure once shes in the USA on a tourist visa (actually shes french so she does not need any kind of visa to visit me)

    1. do I have the right to do it?
    2. also when the procedure has started, does she have the right to stay in the country?
    3. she would like to go university, will she have the right to?
    4. is there anything I'm forgetting???

    5. also i wanted to say that's we're newly wed, and we are very young (22yrs old) do you think we have any chances to succeed?

    thanks in advance for your answers

    Comment


    • #3
      Yes, once a spouse of an lpr enters the U.S. they may apply to adjust, but only spouses of US citizens may apply to adjust on the Visa Waiver Program. You spouse needs to obtain a non-immigrant visa to enter the U.S. to adjust status.

      However, to do so with that intent is illegal. Contrary to popular opinion, merely applying for adjustment of status does not mean that it will be approved.

      Most likely the application will be denied for fraud, as one cannot use a non-immigrant visa to enter the U.S. with the intent as an immigrant.

      The best bet for your wife is to enter on an H-1B visa, as they may have dual intent.

      Be forewarned that USCIS may deny an application for adjustment of status of a non-immigrant for fraud if they seek to enter to adjust status here, except on the H-1B non-immigrant visa.

      And remember as an LPR, she cannot file to adjust if she enters on the Visa Waiver Program.

      Comment


      • #4
        ok wow, so the only solution shes has is the H1-B? that's a tough one, that means she needs to find a job here and all that...
        its kinda confusing I will think about

        _________

        my brother is french too, and his fiancé is with him since december, he wanna marry her, but we don't know what to do (he has a green card too)

        if he marry her, what options does he have, in order to make her stay in the country.

        Comment


        • #5
          Raio,

          the main issue is that you are "only" a permanent resident, meaning your wife would have to wait for a "visa number" to be available to her before she can get an immigrant visa or adjust status in the USA. ( X number of petitions for spouses of residents are approved per year)

          The wait is about 4 years now. Those spouses of green card holders who were petitioned in Jan 2006 are getting approvals now!

          Now, if you wife enters USA and stays, the fact that you submitted I-130 on her behalf does not give her any status in the USA. She would have to leave within 3 months, otherwise her stay would be illegal. (She can't adjust status even if she enters with a visa before it's her turn in -let's say - 2014 )

          She can come and stay if she gets a status of her own (H1B or as a student).

          The situation is different if the petitioner is US citizen. How much longer before you can apply for it?

          The same is valid for your brother. His fiance can't stay even if they marry now. Since she entered on VWP, she can't change to student or anything else...

          Comment



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