"Amanda" <> wrote in message
news:...
> x24 <member25137@british_expats.com> wrote in message
news:<>...
> > Wow. Thank you so much for replying, and, giving clarifications on my
> > problem. Come to think of it, You have given me more information about
> > my problem compared to the answers of my inquiries with immigration
> > lawyers combined. I will surely run through your responses and see what
> > I can do.
> >
> > Questions regarding your responses about applying for AOS
> > when she's in the US.
> >
> > Originally posted by Amanda
> > > IF you file petition for her once she is inside US, even though she
> > > waits to do adjustment of status, she will be inside US but can't work
> > > . I am not sure wheteher she can extend her vsiit visa.
She will be able to extend her B-2 "visitor for pleasure" for -- at most --
a total of one year from the original entry. After that, unless she leaves
the U.S., or applies to change to another nonimmigrant status and is
successful, she will violate her status. She will be subject to deportation
at any time, and she will begin to accumulate time toward the 3 and 10 year
bars. She can go to school, but she cannot work. If she travels outside
the U.S., she will have to stay outside for a long time, perhaps 4 or 5
years.
If she violates her status, she loses eligibility to file Form I-485 in the
category Family 2A. After you have become a citizen, she would gain
eligibility to file Form I-485 as an immediate relative.
Currently, the category Family 2A, spouse of a permanent resident, has a
waiting time for the quota of 3 and 1/2 years. You can follow the progress
of the category here:
http://travel.state.gov/visa_bulletin.html
[snip]
> > > > I was told that if she's under an AOS, she can't work.
> > > As soon as she can file for AOS, she can apply for work permit (EAD)
> > > and she will get EAD in 3 months.
> > > > Can she go to school/college?
> > > Yes. With I-130 pending, once she has resided in teh sate for 1
> > > year, she can get instate tutition fees in some states, like Texas
and
> > > CA. May be other states too (New York?) but I know for sure about TX
> > > and CA. Just show I-130 receipt notice to school.
> > I got confused here. I'm not sure
> > what is the order of things in this scenario. In this case, should I
> > apply for AOS and I-130 WHEN she's in the US on a visitor's visa?
> Keepign in mind that she is your spouse,
> (1) when you are a GC holder, you can file I-130 for her but she has
> to wait for a LATER time
-- almost 4 years later --
to do AOS and hence EAD application along
> with AOS application. PLUS Advanced Parole , using I-131 (if she has
> not been out of status).
> (2) when you are a citizen, you can file I-130, I-485 + EAD + Advanced
> Parole (if she has not been out of status) *at the same time*.
> > Should it be I-130, then she enters the US, then AOS?
> Not advised.
> If you file I-130 for her while she is still outside, she cannot get
> visit visa. Then her choice will be wait till she gets an immigrant
> visa based on your I-130 petitioning or get H-1 visa (work visa). She
> won't get F-1 visa (student visa) or visit visa (B-2) once you file
> I-130.
> > The reason why I asked about her going to school is that since under an
AOS
> (I believe), she's not allowed to go back to the Philippines.
> She is allowed to go back but she won't be able to get back unless
> she has necessary documents.
> As soon as she can do AOS, she can apply for Advanced Parole for
> travel purpose (only if she has not been out of status, i.e her visit
> visa or F-1 visa was maintianed valid). But (a BIG but), ...
> (1) If you file I-130 for her when you are still a GC holder, by the
> time she can do AOS, her visa status would most likely have been out
> of status. See and understand the data of "visa bulletin" I told you
> earlier.
> (2) If you file I-130 as a citizen, AOS can be applied AT THE SAME
> TIME (and also Advanced Parole + EAD). NOTE though that AP can be
> applied *only if she has not been out of status when AOS is filed*.
> Since you are not a citizen and only a GC holder now by the time you
> become a citizen and file I-130 again for her (at that time AOS can be
> filed too), she would most likely be out of status and would be
> ineligible for AP unless she has mainatin her visa status.
> Note that, there will be no priority category for option(2) in "Visa
> Bulletin" because there is no quota limit for option 2 (for spouse of
> US citizen) and hence AOS can be done *at the same time* I-130 is
> filed (by you as a US citizen).
> The only way to avoid being stuck here or stuck outside is to keep her
> on visist visa (and extend it) and repeat the process y goign out of
> the country OR come with F-1 visa (student visa) and attend school
> while wait till you become a citizen to file I-130 (and AOS + Advanced
> Parole). She can alos stay on H1 visa till you become a us citizen.
> With visit or F-1 (student visa) she would be paying Int'l Student
> rate fees to go to school. With H-1, she gets instate fees after 1
> year residency. But,
> If she comes on F-1 visa, and you, as a GC holder, file I-130, she
> will be able to use her F-1 visa to go out and come back till that
> visa stamp expires (the visa stamp need to be valid to enter US).
> After that, she won't be able to apply for another F-1 stamp unless
> she lies (or doesn't know) that she has I-130 pending, filed by you
> and. If she tells the school about I-130 application by you to get
> instate tution fees, the school won't give here a new I-20 (prove of
> her admission to school) if she needs it (she would need a new I-20 to
> apply for F-1 visa only if she change programs). If she doesn't chnage
> program, degree plans, she can use the same I-20 but be ware of
> breakign the law if she already filed for I-10 and are gettign instate
> tuition fees. On I-130 pending status,
Please keep in mind that "I-130 pending" is not a valid status.
she would be considered a
> resident (though it is for tuition fee purpose only) and if she is
> paying a instate fees (implying that she knows tht she is on I-130
> pending), applying for F-1 visa *knowingly* would be breaking a law.
> She is allowed to go back to Phillipine any time she wants (no one
> will stop her) but if I-130 is filed (as you being a GC holder) but no
> AOS application yet, she won't be able to enter back on any visa other
> than H-1 work visa or immigrant visa (immigrant visa because you can't
> do AOS if she is not inside US while I-130 is processed and you will
> have to switch to Consular Processing).
> > She can go
> > to school (maybe get a Masters Degree) while not being allowed to work
(or
> > maybe while applying for a work visa/permit?).
> Yes.
> > What could be the requirements to be able to extend her stay? If she's
> > under an application for AOS, do we still need to extend her stay,
noting
> > that she's not allowed to go back to the Philippines if she's under
AOS?
If by "under AOS" you mean "applicant for adjustment of status" or "I-485
applicant" there is no requirement to extend status. As an applicant for
adjustment, she is authorized to stay in the U.S. until the I-485 is
adjudicated. And of course as an I-485 applicant she *can* legally travel
outside the U.S. and re-enter, if she is not subject to the 3 or 10 year
bars, and if she has obtained advance parole.
> First, the statement "she cannot go back to Philiipines if she is
> under AOS" is wrong. I am not even meaning that no one can stop you
> and you can go. I am correcting you that you need to forget *that
> assumption* you have. Understand what AOS means and what benefit you
> get with AOS application depeding on whether you have maintained visa
> status or not.