change status from F-1 to green card

[fkie4 0]

my wife is studying in US with F-1 visa, I am holding green card. i am planning to file I-130 for her to change status. I heard it could take 4~5 years for her to get her green card.

so my question is.... after i file I-130, while my wife is waiting for her green card, does she need to continue studying to remain in US?

one more question. if she gets pregnant while she is studying with F-1, when she gives birth to the baby, does she have vacation? can she take one semester off?

[Steve D. 22]

Frist of all this post should belong to the AOS section.

Second of all as for the time there are no accure answer for now. It could be as short as a year or two or as long as what you predicted.

As for vacation during pregnancy, I believe as long as she receives the NOA-1 regarding your I-130 application, she can because she is no longer a F-1 holder.

Experts?

[belinda63 3,022]

She must wait until a visa number becomes available which will take several years. If she is inside the US at the time the visa number becomes current AND in status, she may file the I-485. She must be in status as the spouse of a green card holder. Don't have a clue about how student visas work.

Edited July 11, 2012 by belinda63

[flying_tiger 0]

As for vacation during pregnancy, I believe as long as she receives the NOA-1 regarding your I-130 application, she can because she is no longer a F-1 holder.

Experts?

I don't think the above is true. Even if she gets I-130 approved, she still needs to keep her F-1 status, until her F2A priority date becomes current.

[flying_tiger 0]

one more question. if she gets pregnant while she is studying with F-1, when she gives birth to the baby, does she have vacation? can she take one semester off?

As far as I know, unfortunately, pregnant F-1 student still needs to take sufficient course credits to maintain the F-1 status , unless there are serious complications caused by pregnancy.

I suggest you consult with her school's ISO for the definite answer.

[Darnell 8,478]

how far away are you from being eligible to file to US Citizenship?

If less than 3.5 years, I say don't worry about filing the I-130 at all...

Once yer a citizen, file for AOS for yer wife, I-130+I-485.

Is possible for her to take off a semester and remain in USA, but she really needs to coordinate that with the DSO at her school.

She can stay in USA without status of anykind between the F-1 expiring and the filing of the AOS, her overstay will be forgiven when she receives the green card...

anyway, that's my two jiao, for two more I make you nice jiaozi

[Penguin_ie 5,992]

*** Moving from US Citizenship to Bringing Family of Greencard holders ****

Your wife MUST stay in-status during her wait time- be that as a F1 student or getting a work visa. She cannot usually take a vacation/ time off from studying, but should talk with her college's international student office as to what options are available.