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CAN MY WIFE BECOME A PERMANENT RESIDENT

Got any immigration questions for the USA? Post them here for all to help answer!

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CAN MY WIFE BECOME A PERMANENT RESIDENT

Postby JefF19 » Sun, 09 Apr 2006 06:06:41 -0500

My name is Jeff and I am a permanent resident residing in Wisconsin. I got married to a F 1 student three months ago. I was wondering whether she qualify to apply for a " green card". If yes, can she work ? her F 1 status will be expiring late 2009. Can I get a lawyer to help us ? Please let me know what you guys think.
JefF19
 

Permanent Resident

Postby arekmalang72 » Mon, 10 Apr 2006 04:15:29 -0500

Hi Jeff,

Yes, you can sponsor your wife to become a legal permanent resident (LPR). The process is very simple. There are four (4) immigration forms you need to fill out. They are: I-130, I-485, Affidavit of Support, and Health checkup form (filled out by authorized immigration doctors).

Since you are a green card holder and not a US citizen, your spouse will not get the LPR status immediately. She will have to wait until there's visa available. Currently, the immigration office is authorized to issue 114,200 green cards annually for second preferrence (2A): spouses and children of green card holders. There are more than 500,000 spouses and children of green card holders waiting to receive their green card now. Therefore, if you apply today for your spouse, the waiting period can be substantial (4 to 5 years).

So, if you look at the visa bulletin, under second preferrence (2A), the immigration office is still processing the application in March 2002. Here is the link to visa bulletin.

http://travel.state.gov/visa/frvi/bulle ... _2868.html

The good news for your spouse is that she can wait here in the US until her green card is issued, but the bad news is that she cannot work legally without any immigration authorization. However, if someday you are eligible to become a US citizen, you can upgrade your application and speed up the process for your spouse to get a green card.

Please contact me if you still have more information.

Best,
arekmalang72
 

Re: Permanent Resident

Postby nikos » Wed, 31 May 2006 10:23:58 -0500

arekmalang72 wrote:The good news for your spouse is that she can wait here in the US until her green card is issued,


Does she need to maintain her full time student status? Or can she stay at home on the strength of a pending I-130 (etc) application for permanent residence without having to enroll for courses and attend classes (i.e. maintaining the full-time student visa)?

What if she graduates before the greencard is approved and granted? Can an adjustment of status (I-485) be submitted simultaneously with the I-130 in the case of a permanent resident applying for a spouse?
nikos
 

Postby arekmalang72 » Thu, 01 Jun 2006 08:39:16 -0500

It is recommended that she keeps her legal status in this country; the reason is because the rule under SEVIS requires all DSOs to report foreign students' status quarterly to immigration services. When your wife is no longer going to school, DSO will report your wife's status to immigration services and the services will issue her a notice to appear in court. She is deportable at that time.

What I have seen (but not recommended) people doing is they go to school until they graduate, then get one year OPT, then overstay their visa. DSO will not report after students graduate. As of now, there is no mechanism put in place to detect where students go after OPT. She then can wait here and adjust her status when her priority date is up.

Email or call me if you are still confused.

Best of luck!
arekmalang72
 

Postby Akira » Sun, 04 Nov 2007 02:32:00 -0500

Hello, my name is Akira, I have the similar situation (I am on F-1 visa and am going to marry a LPR) and want to ask: when I marry him will I get at least social security card? And will I be able to apply for some financial aid like Pell Grant? This is the only question I can't find the answer to.
I'd appriciate your help.
Akira
 
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Postby Bobby Chung » Mon, 19 Nov 2007 04:04:16 -0500

Marrying a lawful permanent resident (LPR) in itself does not qualify you for a Social Security Number (SSN) or financial aid. To obtain an SSN, first, you need to have employment authorization from USCIS. Generally, you can apply for an Employment Authorization Document (EAD, also known as work permit) under F-1 Optional Practical Training (OPT) after you have completed at least 1 academic year under F-1 student status.

You can also qualify for a work permit when you apply for Adjustment of Status to Permanent Residence based on your marriage to LPR husband. However, before you can apply for permanent residence, your husband needs to file an I-130 petition for you and you have wait for your priority date to become current. The current wait for spouse of LPR is approximately 5 years. For more information regarding the priority date, visit this link: http://bccvisalaw.com/immigration-to-usa.php
Visit http://bccvisalaw.com for US Immigration News, Visa Information, and Consultation with a US Immigration Lawyer.
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Re: CAN MY BOYFRIEND BECOME A PERMANENT RESIDENT

Postby nianep » Sat, 20 Jun 2009 11:49:58 -0500

hi there i have some questions and needed for an answer.

my boyfriend is an international student in houston and i live in seattle. we've been traveling back and forth to see each other. he will move to seattle and stay with me. i want to file a paperwork from an F1 to a US resident. my questions are:

- do i need an income in order to sponsor him? i got laidoff 5 months ago which i worked for 2 years and currently do part time job. is this going to effect it?
- do i need to hire a lawyer to help us do this?
- are the INS going to run a background credit check?

please advised thanks.
nianep
 
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How can I become a resident?

Postby meoden102487 » Fri, 24 Jul 2009 08:26:21 -0500

Hi all,

I'm an international student. I just wonder that beside marrying a permanent person in the U.S, is there other way to become a resident in America? Thank you.
meoden102487
 
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Joined: Fri, 24 Jul 2009 08:22:17 -0500

Re: How can I become a resident?

Postby bajediva » Thu, 06 Aug 2009 08:24:59 -0500

meoden102487 wrote:Hi all,

I'm an international student. I just wonder that beside marrying a permanent person in the U.S, is there other way to become a resident in America? Thank you.



Yes, there is. You can transition from an F-1 to H1-B visa through employment, and then from the H1-B to permanent residency. Before graduating, apply for a work permit through OPT. Hopefully, once you are in your job for OPT, your employer will be willing to sponsor you for an H1-B visa. This initially authorizes you to work for 3 years. You can apply to have it renewed for another 3 years before the initial 3 years is up. Then, before the 2nd H1-B expires, your employer can file an immigrant petition on your behalf. Once this is approved, you can apply for an adjustment of status to become a legal permanent resident.
bajediva
 
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Re: CAN MY WIFE BECOME A PERMANENT RESIDENT

Postby FlowerUSA » Wed, 23 Sep 2009 01:42:55 -0500

HELLO. MY NAME IS TONY. I'M A PERMANENT RESIDENT. MY FUTURE WIFE CAME TO USA WITH J1 VISA AND IT EXPIRED YEAR AGO.
CAN SHE BECOME LEGAL HERE IF WE WILL GET MARRIED???????

IT'S REALLY IMPORTANT FOR US. I WILL BE WAITING ANSWERS. THANK YOU FOR YOUR TIME!
FlowerUSA
 
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Re: CAN MY WIFE BECOME A PERMANENT RESIDENT

Postby julialongenecker » Mon, 14 Feb 2011 01:36:26 -0500

Generally, you can apply for an Employment Authorization Document (EAD, also known as work permit) under F-1 Optional Practical Training (OPT) after you have completed at least 1 academic year under F-1 student status.
julialongenecker
 
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Re: CAN MY WIFE BECOME A PERMANENT RESIDENT

Postby homer-laws » Wed, 18 May 2011 10:59:21 -0500

Every year rules of Immigration and permanent residency becoming tougher.
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Re: CAN MY WIFE BECOME A PERMANENT RESIDENT

Postby sangbmt » Fri, 22 Jul 2011 01:25:08 -0500

homer-laws wrote:CAN MY WIFE BECOME A PERMANENT RESIDENT

That right. I agree with you
 
 
sangbmt
 
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Re: CAN MY WIFE BECOME A PERMANENT RESIDENT

Postby Daria » Wed, 10 Aug 2011 11:28:54 -0500

Hey. I'm F1. I want to get married. My bf he has strange situation. He has papers ( SS, work a.) but he doesn't have green card with him. He get a green card around 10 years ago. He said to me when government had sent p. green card he moved, and the gc lost. So, I want to know he has to apply for new one or try to apply for get us citizen? because he told me I can get papers with him less than 1 years. I dont trust him... (. I dont know.
Daria
 
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Re: CAN MY WIFE BECOME A PERMANENT RESIDENT

Postby toplawyer » Sat, 05 Nov 2011 11:37:01 -0500

There are several legal avenues that you can use which are helpful when considering your wife to become a permanent resident. Things you must consider however, are the precise reasons you wish to apply for a permanent residency, and certain legal aspects for an actual submission of proper legal paperwork. Also the law requires certain legal forms to be completed and lodged with the appropriate authorities.
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