Transferring I-20 to Graduate School while I-130 is Pending for F2A Category and Cannot File I-485 Yet.

[curios 0]

I recently got married to a permanent resident. I am currently in the US under STEM OPT, I was born in a rest of world country (not India, China, ..etc.).

We are planning to file I-130 for me, however, I do not have much time left in legal status, and as a spouse of a legal permanent resident (LPR), I cannot file I-485 until my priority date would become current, and I would not be forgiven for any unauthorized stay, again, as my spouse is a LPR.

So, the current plan is file I-130 before Trump presidency starts, and to enroll in graduate school starting in January to maintain legal status for the next few years, until my priority date becomes current and I can file form I-485 and get a work authorization and remain here legally without a visa until I get the green card.

This would mean that I would have to transfer my I-20 to the graduate school. My worry is that transferring the I-20 after filing I-130 would cause a misrepresentation issue, as form I-20 makes you sign at the end stating that I will be returning to my home country after I am done with my studies.

 

Should we file I-130 after 90 days of receiving the I-20 from the new school and signing it in January 2025, or should we file I-130 now? If we do, will it cause misrepresentation or other issues?
Could you help me with how to proceed with this in the best way possible? How should we proceed?

[OldUser 6,963]

13 minutes ago, curios said:

So, the current plan is file I-130 before Trump presidency starts, and to enroll in graduate school starting in January to maintain legal status for the next few years, until my priority date becomes current and I can file form I-485 and get a work authorization and remain here legally without a visa until I get the green card.
 

Personal opinion only, but this is a shaky, unreliable, immigration fraud borderline plan. You should not be enrolling in school just to maintain legal status. All of this will be closely examined and potentially questioned by USCIS adjudicators under new administration.

 

You later also mentioned other potential issues with your case which can magnify with potentially stricter rules in place in the future.

 

When can your spouse become a US citizen? Leaving home after study, filing I-130 and waiting for spouse to become a citizen to convert the case from LPR sponsor to US citizen sponsor is a much safer bet. Yes, it involves separation for some time, but it would be the most straighforward scenario, with much better chance of positive outcome.

Edited yesterday at 12:41 AM by OldUser

[curios 0]

Let me rephrase, I wouldn't be joining school only to maintain legal status, while this is part of why I will be attending school, it is mainly to get a graduate degree. I will be attending school and working hard for good grades.

 

As for waiting until my spouse to get citizenship, that would take at least another 4 years. Which is why it is a bit difficult to wait that long.

 

Also I'm not sure if it was clear in the initial post but i would be transferring to a new school, and I am currently in the US and would not need to leave and re-enter.

 

Does that make any difference?

Edited yesterday at 01:00 AM by curios

[curios 0]

I posted this same question on the wrong forum, so I'm posting it here.

 

I recently got married to a permanent resident. I am currently in the US under STEM OPT, I was born in a rest of world country (not India, China, ..etc.).

We are planning to file I-130 for me, however, I do not have much time left in legal status, and as a spouse of a legal permanent resident (LPR), I cannot file I-485 until my priority date would become current, and I would not be forgiven for any unauthorized stay, again, as my spouse is a LPR.

So, the current plan is file I-130 before Trump presidency starts, and to enroll in graduate school starting in January to get a graduate degree and also to maintain legal status for the next few years, until my priority date becomes current and I can file form I-485 and get a work authorization and remain here legally without a visa until I get the green card.

This would mean that I would have to transfer my I-20 to the graduate school. My worry is that transferring the I-20 after filing I-130 would cause a misrepresentation issue, as form I-20 makes you sign at the end stating that I will be returning to my home country after I am done with my studies.

 

Should we file I-130 after 90 days of receiving the I-20 from the new school and signing it in January 2025, or should we file I-130 now? If we do, will it cause misrepresentation or other issues?
Could you help me with how to proceed with this in the best way possible? How should we proceed?

[OldUser 6,963]

29 minutes ago, curios said:

Let me rephrase, I wouldn't be joining school only to maintain legal status, while this is part of why I will be attending school, it is mainly to get a graduate degree. I will be attending school and working hard for good grades.

 

As for waiting until my spouse to get citizenship, that would take at least another 4 years. Which is why it is a bit difficult to wait that long.

 

Also I'm not sure if it was clear in the initial post but i would be transferring to a new school, and I am currently in the US and would not need to leave and re-enter.

 

Does that make any difference?

What makes a difference is you actually pursuing a degree, so it doesn't look like a plan to stay in the US by all means possible.

So you need to factor in how long it would take to get that degree.

 

I would not be filing I-130 before you transfer I-20. Others can comment.

[Ban Hammer 13,423]

duplicate topics merged

[nastra30 2,295]

No need to wait to file I-130. Good luck.

[Family 4,061]

12 hours ago, curios said:

 

I posted this same question on the wrong forum, so I'm posting it here.

 

I recently got married to a permanent resident. I am currently in the US under STEM OPT, I was born in a rest of world country (not India, China, ..etc.).

We are planning to file I-130 for me, however, I do not have much time left in legal status, and as a spouse of a legal permanent resident (LPR), I cannot file I-485 until my priority date would become current, and I would not be forgiven for any unauthorized stay, again, as my spouse is a LPR.

So, the current plan is file I-130 before Trump presidency starts, and to enroll in graduate school starting in January to get a graduate degree and also to maintain legal status for the next few years, until my priority date becomes current and I can file form I-485 and get a work authorization and remain here legally without a visa until I get the green card.

This would mean that I would have to transfer my I-20 to the graduate school. My worry is that transferring the I-20 after filing I-130 would cause a misrepresentation issue, as form I-20 makes you sign at the end stating that I will be returning to my home country after I am done with my studies.

 

Should we file I-130 after 90 days of receiving the I-20 from the new school and signing it in January 2025, or should we file I-130 now? If we do, will it cause misrepresentation or other issues?
Could you help me with how to proceed with this in the best way possible? How should we proceed?

 

1. You are right about the 90 days as presumed intent .. ( only immediate relatives adjusting in US have an all clear) so do your school transfer and secure I-20 first

 

2. Prioritize F-1 status and transfer ( not I-130)  in place before new administration starts restrictive policies 

 

3. After you’re all clear w school, on I-130 you need to select Consular process , not adjustment in the US …first because priority date is not current and your future status when it will be current is a hypothetical, second to align w I-20 that you will return to home country. 
 

4. When filing date or PD becomes current, revisit the immigration landscape and determine then , IF you can file adjustment. I-130 w consular designation won’t be an impediment. …