Please help on this complicated case

[flying_tiger 0]

I am LPR (EB based) and will be eligible for N400 filing in several months. My spouse is currently F-1 student. Her I-130 (filed in Oct 2010) was approved and she has been waiting for F2A priority date to become current. Due to family emergency, she has to go back to China. My questions are:

1. Will the approved I-130 be revoked upon her leaving the U.S.?

2. How shall I bring her to the U.S. if I am still LPR? I don't think she can apply for F-1 visa again.

3. If I have to wait until I become USC later this year, shall we do K-3 or IR-1/CR-1? Shall we file I-130 again?

Thanks much in advance for your helps!

[RICARDO4EVA2 194]

I am LPR (EB based) and will be eligible for N400 filing in several months. My spouse is currently F-1 student. Her I-130 (filed in Oct 2010) was approved and she has been waiting for F2A priority date to become current. Due to family emergency, she has to go back to China. My questions are:

1. Will the approved I-130 be revoked upon her leaving the U.S.?

No.

2. How shall I bring her to the U.S. if I am still LPR? I don't think she can apply for F-1 visa again.

If her status is valid she can return and adjust status. If she is unable to return then she would need to await the visa cut off dates to be current.

3. If I have to wait until I become USC later this year, shall we do K-3 or IR-1/CR-1? Shall we file I-130 again?

No need to file the I-130 again. K-3 is no longer a visa that's issued. You will get IR1 if you both was married 2+ years atthe time she entered the USA. She will get CR1 if the marriage is less than 2 years when she enters the USA

if her f-1 status is still valid she can work with the school and get the time excused and return.

[flying_tiger 0]

Thank you very much Ricardo!

Last year we notified NVC that she is going to adjust status within US, then NVC said they would hold case until priority date becomes current and return case to USCIS. If my wife cannot come back with F-1, can I call NVC to change the case to overseas consular processing? (F2A) and later upgrade the case to IR1 (after I become USC)?

Thanks!

[RICARDO4EVA2 194]

can I call NVC to change the case to overseas consular processing?

Yes

(F2A) and later upgrade the case

Yes

IR1 (after I become USC)?

Yes

Thanks!

[flying_tiger 0]

Thank you Ricardo!

What will procedures be if changed to overseas consular processing? Just standard documents submission except for I-130 (since I-130 has already been approved)?

Thanks!

[RICARDO4EVA2 194]

Thank you Ricardo!

What will procedures be if changed to overseas consular processing? Just standard documents submission except for I-130 (since I-130 has already been approved)?

Thanks!

if the I-130 is with USCIS you may wish to send a letter. if at the NVC a simple email or letter.

[flying_tiger 0]

Thanks for your helps!