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  • Need some legal status

    am an F1 student who is out of status because my transfer college would not grant me an I-20 because of my pending I130 petition. The petition is now approved, but I am still not in ANY legal status, but still in school. Is there ANY status I can change to WITHIN the US, so that when the NVC has a visa number I will be able to do AOS???

    What will the NVC do if there is a visa number available and I am not in any status. My spouse is a LPR and my proceedings are being done within the US and not abroad.

  • #2
    am an F1 student who is out of status because my transfer college would not grant me an I-20 because of my pending I130 petition. The petition is now approved, but I am still not in ANY legal status, but still in school. Is there ANY status I can change to WITHIN the US, so that when the NVC has a visa number I will be able to do AOS???

    What will the NVC do if there is a visa number available and I am not in any status. My spouse is a LPR and my proceedings are being done within the US and not abroad.

    Comment


    • #3
      It is not necessary and not possible to "find" a non-immigrant status to satisy a pending PR application unless you want to commit fraud. You DO NOT qualify as a nonimmigrant because you have demonstrated an intent to immigrate.

      You are in an unofficial status called pending PR (least thats what I call it). File the I-485 ASAP along with an I-131 advanced parole application and an I-765 employment authorization application. You should then be able to work and travel freely in about 3 to 4 months.

      Comment


      • #4
        Hi Sugarpuff - I actually cannot file the I485 as yet because my spouse is a LPR and as such I have to wait for a visa number. I wish someone could tell me their experience with this part of the wait - approximately how long it took them - with them having a LPR Spouse and NOT a citizen spouse - as I know they have no wait.

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        • #5
          what country are you and your spouse from?

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          • #6
            We are from Jamaica....

            Comment


            • #7
              According to the Dept of State visa bulletin the current priority date for family-sponsored 2nd preference petitions ( Spouses and Children, and Unmarried Sons and Daughters of Permanent Res)is October 1st 2000. So it is going to be a while before a number becomes current.

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              • #8
                hello LPRspouse, what year did you file ? Do you know i130 does not get approve anymore or less you are close to getting a visa number ? Did you get an approval notice from BCIS with instruction on next thing to do ? Let me know the answers and then maybe I can advice you.

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                • #9
                  Depending on when your husband became an LPR you may find it faster to petition again as your husbands wife AFTER he becomes a citizen.

                  Comment


                  • #10
                    Sugarpuff , it;s actually very recently Jan 01 2001. If you navigate thru other website you may not get real date or refresh your browser when u are on the visa bulletin page and see the magic!

                    Comment


                    • #11
                      Thanks, it is showing me the numbers from Feb 2005. I am on the DOS website...what are you looking at?

                      Comment


                      • #12
                        What year did you enter US and got married ? Try filling V1 if you have spent three years waiting for the i130 to get approved

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                        • #13
                          Sug... go to the dept of state website or type name in yr browser goto permanent resident section and then visa bulettin

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                          • #14
                            got it thanks

                            sug

                            Comment


                            • #15
                              Hi guys - thanks for the info and replies. We filed I130 in Dec 2002 and it approved in Oct 2005. We just the approval notice and it says to give NVC about 6 weeks to send us something from them....whatever that is. My husband got his GC in Aug 2002 - will be eligible to file for naturalization in May 2007.

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