X24

Thanks to all of you who responded, we really appreciate it.

Anyway,
while reading through the replies, I've somewhat came to the conlcusion
that the best way to do this is for me to wait to be naturalized, then
apply the I-130 for her. I am hopeful that my citizenship application
won't take that long since I think that priorities, state-wise, are
better here in Maryland (as compared to New York and California to name
a few), and also that my dad was naturalized just 4 months after
submitting his N-400. Reading along though, this caught my eye:

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.

We don't really plan on her travelling outside the US
once she gets here hopefully under the I-485 (AOS). As long as she is
authorized to stay here while waiting for I-485, is fine with us because
we can be together earlier. I do have to be a citizen already when this
happens right? But then again, her being my spouse would then endanger
her eligibility for AOS. Hopefully not.

Ok, summing it up. My best
course of action would be:

- send my N-400 and wait for me to be
naturalized.
- apply for I-130 for her

or, if we can get an F-1
(student visa) for her so she can enter the US, and after being
naturalized, do I-130 + I-485 (AOS) + EAD + Advanced Parole at the same
time. Advanced Parole might not be necessary since we don't plan on her
leaving the US while under AOS.

Thanks again.

Amanda

"Sylvia Ottemoeller" <> wrote in message news:<ca50m3$cv$>...
    > "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.

Yes, I mentined about maintaining visa status while wating to do AOS
if I-130 (Alien Peition) is filed when he's still a GC holder.

In fact, I was going to suggets that if doing F-1 takes time and keept
hem apart, she shoudl come with visit visa, try to get admission in a
MAster's program while oin visit visa (extend it if necessary) and onc
eget admission, switche to F-1 visa status (or go out of the country
and get F-1 stamp and come back in) and mainatin F-1 till he becomes a
citizen, i.e his citizenship is approved. At that point, he can file
I-130 and she can do do AOS (I-485 GC application) + EAD work permit
application + Advanced Parole (for travel permit) all AT THE SAME TIME
and would be safe.

Amanda

"Sylvia Ottemoeller" <> wrote in message news:<ca50m3$cv$>...

<snip>
    >
    > If by "under AOS" you mean "applicant for adjustment of status" or "I-485
    > applicant" there is no requirement to extend status.


I was not sure about that requirement. Int hat case, she can even
choose to stay on vsit visa, extend it and then go out and get another
visit visa to come back, provided that that is possible, till he
becomes a citizen. I don't knwow hat's the chance for young people to
get Visit visa. For my country, it is not so great.


    > 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.

In another word, if she has mainatined her visit or F-1 visa status.

Amanda

AnnaV <member10565@british_expats.com> wrote in message news:<>...
    > Uhm, there are a couple of things. One, merely being out of status does
    > not preclude getting an advance parole. The operative term is "unlawful
    > presence." With tourist and most non-immigrant visas, there is a
    > certain time with which the alien can remain in the US lawfully (i.e.
    > the date stamped on the I-94). Beyond that date, the alien begins to
    > accrue unlawful presence which is counted towards the 3 or 10 year bars.
    > If the overstay is less than 180 days, there are no bars, and MOSTLY one
    > can use advance parole without a hitch. 180 days or more, you're better
    > off not leaving the country while waiting for AOS.

Thanks for that minute detail.

    >
    > Story is different
    > for F1s who are admitted with D/S. Go look for those threads; they've
    > been discussed extensively in this newsgroup and others.

I am curious to read those. Do you know the title of any such thread?


    >
    > Lastly, a
    > student visa still requires a non-immigrant intent, and the consul will
    > look at your ties to your home country. I know of several potential
    > grad students who were denied F1s because they did not have sufficient
    > ties to their home country (family, etc). The fact that her spouse is
    > in the US will probably make it difficult for her to get an F1.

True.

    >
    > But
    > then again, nothing ventured nothing gained.

Yes.

    >
    > Caveat: I am not a
    > lawyer, and this is merely my opinion. I've been through the process
    > (just got my GC last week), and I'm speaking mostly from experience and
    > from anecdotal evidence I've gathered while researching the process. My
    > post does not presume to be absolutely correct in every detail.

Amanda

x24 <member25137@british_expats.com> wrote in message news:<>...
    > Thanks to all of you who responded, we really appreciate it.
    >
    > Anyway,
    > while reading through the replies, I've somewhat came to the conlcusion
    > that the best way to do this is for me to wait to be naturalized, then
    > apply the I-130 for her. I am hopeful that my citizenship application
    > won't take that long since I think that priorities, state-wise, are
    > better here in Maryland (as compared to New York and California to name
    > a few), and also that my dad was naturalized just 4 months after
    > submitting his N-400. Reading along though, this caught my eye:
    >
    > >
    > 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.
    >
    > We don't really plan on her travelling outside the US
    > once she gets here hopefully under the I-485 (AOS). As long as she is
    > authorized to stay here while waiting for I-485, is fine with us because
    > we can be together earlier. I do have to be a citizen already when this
    > happens right?

Not "have to" but that's the best route to go since you are about to
apply for citizenship.

    > But then again, her being my spouse would then endanger
    > her eligibility for AOS.

Why? She will be able to do AOS because her husband is a citizen.

You need read again and understand the posts clearly. Alos, go to
http://uscis.gov and read family-baseed immigration.

    >Hopefully not.
    >
    > Ok, summing it up. My best
    > course of action would be:
    >
    > - send my N-400 and wait for me to be
    > naturalized.
    > - apply for I-130 for her

In the mean time, if you want her here, get her on a visit visa or
so.

    >
    > or, if we can get an F-1
    > (student visa) for her so she can enter the US, and after being
    > naturalized, do I-130 + I-485 (AOS) + EAD + Advanced Parole at the same
    > time.

Yes. If your waiting time to become a citzen doesn't
take long, she can even come here on visit visa instead of F-1 aND
WAIT WITH YOU TILL till you become a citizen to file I-130. She can
extend her visit visa once form inside.


Advanced Parole might not be necessary since we don't plan on her
    > leaving the US while under AOS.
    >

You might want to get it since you do not know when she will get her
GC interview (for AOS) and get her greencard approved and get GC
stamp.


    > Thanks again.

Sylvia Ottemoeller

"Amanda" <> wrote in message
news:...

    > x24 <member25137@british_expats.com> wrote in message
news:<>...

    > > Thanks to all of you who responded, we really appreciate it.
    > >
    > > Anyway,
    > > while reading through the replies, I've somewhat came to the conlcusion
    > > that the best way to do this is for me to wait to be naturalized, then
    > > apply the I-130 for her. I am hopeful that my citizenship application
    > > won't take that long since I think that priorities, state-wise, are
    > > better here in Maryland (as compared to New York and California to name
    > > a few), and also that my dad was naturalized just 4 months after
    > > submitting his N-400. Reading along though, this caught my eye:
    > >
    > > >
    > > 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.
    > >
    > > We don't really plan on her travelling outside the US
    > > once she gets here hopefully under the I-485 (AOS).

This phrase caught my eye. It sounds as if you are under the impression
that your wife can enter the U.S. "under the I-485." That is not the way it
works.

For a person to be eligible to file Form I-485, he or she must be inside the
U.S. in valid nonimmigrant status. In addition, the person must be careful
that the timing of the filing of Form I-485 will not risk a charge of
"preconceived immigrant intent." An entry in B-2 visitor status requires
that the person intend to return to the home country, and the I-485 is an
application for permanent resident status. If a person used a B-2 visa, for
example, to enter the U.S., and then files Form I-485 within a short time of
entry, it seems clear the person did not comply with the law upon entry.

So, be careful about this!

As long as she is
    > > authorized to stay here while waiting for I-485, is fine with us because
    > > we can be together earlier. I do have to be a citizen already when this
    > > happens right?
    > Not "have to" but that's the best route to go since you are about to
    > apply for citizenship.
    > > But then again, her being my spouse would then endanger
    > > her eligibility for AOS.

It will endanger her eligibility to enter the U.S. in B-2 or F-1 status, or
any other status that requires temporary intent.

    > Why? She will be able to do AOS because her husband is a citizen.

[snip]

    > > Ok, summing it up. My best
    > > course of action would be:
    > >
    > > - send my N-400 and wait for me to be naturalized.
    > > - apply for I-130 for her

She can enter as a permanent resident straight from abroad. That is called
"consular immigrant visa processing." The process is for you to file the
I-130 by itself at the USCIS Service Center, and request consular
processing. The petition will be approved, and forwarded to the National
Visa Center. Various other processing will take place, ending with an
interview at a U.S. consular post in the home country about six months after
the I-130 approval.

The time between filing and approval of an I-130 filed at a USCIS Service
Center is very long. Even for immediate relatives, it ranges from 8 months
(Vermont Service Center) to nearly two years (Nebraska Service Center). For
the preference categories like spouse of a U.S. permanent resident, I-130s
are taking over 5 years at the Vermont Service Center. See
https://egov.immigration.gov/cris/jsps/index.jsp.

AnnaV

Originally posted by Amanda
    > Yes. If your waiting time
to become a citzen doesn't
    > take long, she can even come here on visit
visa instead of F-1 aND
    > WAIT WITH YOU TILL till you become a citizen
to file I-130. She can
    > extend her visit visa once form inside.
    > >
Thanks again.

As pointed out before, there is this
little thing called "prior intent to immigrate" on a non-immigrant visa
which is largely illegal. From Matter of Cavazos, it by itself can not
be grounds to deny AOS, but if there are material misrepresentations
(they lie to the consul and/or at the POE), then they're cooked. If
they tell the truth (consul and POE), I doubt she'll be given a visa or,
if she already has one, I doubt she'll be admitted into the country. I
suggest they speak to a qualified lawyer to sort this all out.

But then
again, that's just another minute detail.

P.S. As always, the same
caveats apply.

Amanda

AnnaV <member10565@british_expats.com> wrote in message news:<>...
    > Originally posted by Amanda
    > > Yes. If your waiting time
    > to become a citzen doesn't
    > > take long, she can even come here on visit
    > visa instead of F-1 aND
    > > WAIT WITH YOU TILL till you become a citizen
    > to file I-130. She can
    > > extend her visit visa once form inside.
    > > >
    > Thanks again.
    >
    > As pointed out before, there is this
    > little thing called "prior intent to immigrate" on a non-immigrant visa
    > which is largely illegal. From Matter of Cavazos, it by itself can not
    > be grounds to deny AOS, but if there are material misrepresentations
    > (they lie to the consul and/or at the POE), then they're cooked.

She can say "I lied because I wanted to be with my husband". She
wouldn't have to lie, if immigration laws have some humane treatment
toward people in their situation. That's probably why there is the
saying "Everything is fair in love and war".

May be after she comes to US on visit visa or F-1 visa and live that
way though it would be costly for her to study, he should only file
I-130 with the choice of Consular Processing (CP), not AOS, i.e do not
file I-485 at the same time I-130 is filed. Then, when it is time to
apply for immigrant visa, go back home and apply for it there and come
as an immigrant. Upon arrival at the airport, she gets her greencard
stamp.

That way she did return home, fulfilling those non-immigrnt visa
requirement, though it would look like only to apply for immigrant
visa.

All these complications are so stoopid....

I do want to stress (to the peroosn asking the procedure), understand
what AOS and CP means and know the difference.

    > If they tell the truth (consul and POE), I doubt she'll be given a visa or,
    > if she already has one, I doubt she'll be admitted into the country. I
    > suggest they speak to a qualified lawyer to sort this all out.

"Qualoified" is the key.

    >
    > But then
    > again, that's just another minute detail.
    >
    > P.S. As always, the same caveats apply.

X24

Thanks again to all of you who responded. I will be reading about
Consular Processing since it's another new term I need to familiarize
myself with, and read more about AOS as well.

Amanda

x24 <member25137@british_expats.com> wrote in message news:<>...
    > Thanks again to all of you who responded. I will be reading about
    > Consular Processing since it's another new term I need to familiarize
    > myself with, and read more about AOS as well.

Hey read this link: http://tinyurl.com/37knz

Lucy said "Since she marries a U.S. citizen, her overstay will be
forgiven."

It seems like it would have been better to get your wife here on F-1
before you get married. Then marry her when you becomes a citizen.
Oh..well.