Just confused at this point.

[j.mitchell99 0]

So I am trying to figure out what forms to file for my wifes visa. She is on a student visa currently, but that will expire soon. The guide here seems to indicate that I file everything at once as well as send the fees with the packet of paperwork.

I was looking at this goverment site her

http://travel.state.gov/visa/immigrants/ty...types_2991.html

And it indicates I send the i-130 first to get things started, then send the rest in progression.

Anyone help me out on this here?

Thanks,

J

[Dakine 26]

So I am trying to figure out what forms to file for my wifes visa. She is on a student visa currently, but that will expire soon. The guide here seems to indicate that I file everything at once as well as send the fees with the packet of paperwork.

I was looking at this goverment site her

http://travel.state.gov/visa/immigrants/ty...types_2991.html

And it indicates I send the i-130 first to get things started, then send the rest in progression.

Anyone help me out on this here?

Thanks,

J

If you just want to adjust status you file all the forms at the same time plus a medical report. Is she still in the US?

Edited December 30, 2008 by Haole

[Jonah VD 0]

If she's already here in the US, I believe you need to file I-130 and she needs to file I-485 (adjustment of Status) concurrently.

More VJs will help you on this. Good Luck!

[Jonah VD 0]

ooops i just read on one of your post that her student visa will expire this January, maybe you can ask for an extension.

[j.mitchell99 0]

ooops i just read on one of your post that her student visa will expire this January, maybe you can ask for an extension.

well I think to get an extension on the visa, she is just going to have to go back to school for 4 weeks. So when I file everything together, do I send payment at the same time? Seperate Checks/money orders for each form?

Thanks for the help,

J

[Mononoke28 137]

Since she's already here, she needs to file everything at once. You can find the guide for the process here. I'm not sure if you can send 1 check to cover both fees so it would be a good idea to call the USCIS for more info on that.

Diana

[Mint518 0]

ooops i just read on one of your post that her student visa will expire this January, maybe you can ask for an extension.

well I think to get an extension on the visa, she is just going to have to go back to school for 4 weeks. So when I file everything together, do I send payment at the same time? Seperate Checks/money orders for each form?

Thanks for the help,

J

If she is already in the States, exparation date of F-1 visa does not matter. As long as she has valid I-20 issued by the school and she attends the school as a full time student, her stay is legal. (Although it is not necessary, if she wants to obtain new F-1 visa, she needs to do so at her home country.) If the one expiring in January is I-20, yes, she can ask the school she is currently attending to issue I-20 with new expiratin date.

To adjust the status, it is best if you will file I-130 and I-485 concurrently (I-765 and I-130 optional). And I think people (including me) usually send 2 separate checks, one for I-130 and one for I-485 (fees for I-765 and I-130 are included for I-485 application).

By the way, http://travel.state.gov/visa/immigrants/ty...types_2991.html you looked at relates to how to bring the spouse who resides outside of the States. That's why it says file I-130 first. Since your wife is already in the U.S., IR-1 / CR-1 is not for her.

VJ has "Adjustment of Status (Green Card) General Discussion" forum, so if you have any other questions regarding the adjustment of status, you may want to post your additional questions there.

Edited December 31, 2008 by Mint518

[Mint518 0]

ooops i just read on one of your post that her student visa will expire this January, maybe you can ask for an extension.

well I think to get an extension on the visa, she is just going to have to go back to school for 4 weeks. So when I file everything together, do I send payment at the same time? Seperate Checks/money orders for each form?

Thanks for the help,

J

If she is already in the States, exparation date of F-1 visa does not matter. As long as she has valid I-20 issued by the school and she attends the school as a full time student, her stay is legal. (Although it is not necessary, if she wants to obtain new F-1 visa, she needs to do so at her home country.) If the one expiring in January is I-20, yes, she can ask the school she is currently attending to issue I-20 with new expiratin date.

To adjust the status, it is best if you will file I-130 and I-485 concurrently (I-765 and I-131 optional). And I think people (including me) usually send 2 separate checks, one for I-130 and one for I-485 (fees for I-765 and I-131 are included for I-485 application).

By the way, http://travel.state.gov/visa/immigrants/ty...types_2991.html you looked at relates to how to bring the spouse who resides outside of the States. That's why it says file I-130 first. Since your wife is already in the U.S., IR-1 / CR-1 is not for her.

VJ has "Adjustment of Status (Green Card) General Discussion" forum, so if you have any other questions regarding the adjustment of status, you may want to post your additional questions there.

Sorry, I found typos - corrected in red above.