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ivancoutinho

Green Card

By ivancoutinho in Student & Exchange Visitor Visas

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ivancoutinho Rookie

ivancoutinho   0

Posted
Filed: Timeline
Posted

Hi I am a US Green Card Holder. I will be marrying my fiancee in this month and will be applying for her Green. She is currently on J1 visa and her status will be expiring on September 30. Will she be able to stay in the US after September 30, 2011 after she has filed for her Green card (papers have reached USCIS). Will she be able to stay in the US till she receives her EAD card or she will heave to go back to her home country ?

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Saddle Bronc Grand Master

Saddle Bronc   124

Posted
Filed: Citizen (apr) Timeline
Posted
Hi I am a US Green Card Holder. I will be marrying my fiancee in this month and will be applying for her Green. She is currently on J1 visa and her status will be expiring on September 30. Will she be able to stay in the US after September 30, 2011 after she has filed for her Green card (papers have reached USCIS). Will she be able to stay in the US till she receives her EAD card or she will heave to go back to her home country ?
Your category is F2A, and you can't file I-130 and I-485 as packet-deal (you can't file I-485 until cutoff-date for her is at or later than her priority date). So (unless she can extend her J1 or change to another visa--such as H1-b, F-1, ...), she will have to leave the US.

2005/07/10 I-129F filed for Pras

2005/11/07 I-129F approved, forwarded to NVC--to Chennai Consulate 2005/11/14

2005/12/02 Packet-3 received from Chennai

2005/12/21 Visa Interview Date

2006/04/04 Pras' entry into US at DTW

2006/04/15 Church Wedding at Novi (Detroit suburb), MI

2006/05/01 AOS Packet (I-485/I-131/I-765) filed at Chicago

2006/08/23 AP and EAD approved. Two down, 1.5 to go

2006/10/13 Pras' I-485 interview--APPROVED!

2006/10/27 Pras' conditional GC arrives -- .5 to go (2 yrs to Conditions Removal)

2008/07/21 I-751 (conditions removal) filed

2008/08/22 I-751 biometrics completed

2009/06/18 I-751 approved

2009/07/03 10-year GC received; last 0.5 done!

2009/07/23 Pras files N-400

2009/11/16 My 46TH birthday, Pras N-400 approved

2010/03/18 Pras' swear-in

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As long as the LORD's beside me, I don't care if this road ever ends.

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Jojo92122 Experienced

Jojo92122   1,924

Posted
Filed: Timeline
Posted

Hi I am a US Green Card Holder. I will be marrying my fiancee in this month and will be applying for her Green. She is currently on J1 visa and her status will be expiring on September 30. Will she be able to stay in the US after September 30, 2011 after she has filed for her Green card (papers have reached USCIS). Will she be able to stay in the US till she receives her EAD card or she will heave to go back to her home country ?

Unfortunately, it currently takes 3-4 years for an LPR to petition for a spouse. Any petition you file for your wife will not allow her to wait in the US. She will have to return home when her J1 visa expires.

When an LPR files an I-130 for a spouse, the PD must be current in order for the spouse to adjust status. Since, it would take 3-4 years for your wife's PD to be current, filing the I-485 to adjust her status will result in a denial.

If your wife stays in the US after her J1 visa expires, she will begin to accumulate unlawful presence in the US which could lead to her being deported and ban from the US. Filing an I-130 and I-485 will not offer her any protection from accumulating unlawful presence.

If your wife's J1 visa has a 2 years home return requirement (hrr) , she must go home for at least 2 years.

Have you considered applying for your US citizenship? The hrr will still apply, but it would be quicker for you to petition her if you were a US citizen.

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