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  #1 (permalink)  
Old 03-19-2009, 02:14 PM
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Default Green card process for spouse on F-1
I am a permanent resident since Sept. 2004, and I will apply for citizenship when eligible in June this year, 2009.
I got married in April 2006 and filed the I-130 for my wife in June 2006. [Spouse of Permenant Resident category].
She attained an F-1 in the summer of 2007, and has been here in the US going to school since then on that status. After getting my citizenship, what will be the next step to push forward my wife's green card application? Will it be a problem with her presently being on an F-1 which was applied for and received after I sent in the I-130? Would she have to return to her home country to complete the green card process or it can all be done here in the US?
Many thanks!

A. Scott
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  #2 (permalink)  
Old 03-20-2009, 01:12 PM
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Originally Posted by leslie535 View Post
I am a permanent resident since Sept. 2004, and I will apply for citizenship when eligible in June this year, 2009.
I got married in April 2006 and filed the I-130 for my wife in June 2006. [Spouse of Permenant Resident category].
She attained an F-1 in the summer of 2007, and has been here in the US going to school since then on that status. After getting my citizenship, what will be the next step to push forward my wife's green card application? Will it be a problem with her presently being on an F-1 which was applied for and received after I sent in the I-130? Would she have to return to her home country to complete the green card process or it can all be done here in the US?
Many thanks!

A. Scott
You can upgrade the I-130 from category F2A ( Spouses and minor children (under 21 year old) of lawful permanent residents) IR (Immediate relative ). Then you can also apply I-485 here. Do not travel out side US until she gets AP.

Did she got F1 after marriage?
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  #3 (permalink)  
Old 03-20-2009, 03:41 PM
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Fill out your profile so people can answer you better.
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  #4 (permalink)  
Old 03-20-2009, 03:47 PM
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Default Green card process for spouse on F-1
Thanks for the response Number30..
How do I go about upgrading the I-130? Do I file another one or call USCIS? Also could I just file I-485 as soon as I get my citizenship and concurrently take care of this I-130 upgrade?
And yes, she got the F-1 after the marriage, and, after I filed I-130...
Thanks again.
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  #5 (permalink)  
Old 03-20-2009, 04:30 PM
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Thanks for the response Number30..
How do I go about upgrading the I-130? Do I file another one or call USCIS? Also could I just file I-485 as soon as I get my citizenship and concurrently take care of this I-130 upgrade?
And yes, she got the F-1 after the marriage, and, after I filed I-130...
Thanks again.
http://travel.state.gov/visa/immigra...info_3180.html
Quote:
When I filed a petition for my relative I was a legal permanent resident (green card holder). I recently became a U.S. citizen. How can I upgrade the petition?

Please make a copy of your Naturalization Certificate. Send the copy - NOT the original - to the NVC with a letter containing the beneficiary name and case number of the petition you want to upgrade.
Call USCIS customer service.
Quote:

And yes, she got the F-1 after the marriage, and, after I filed I-130...
Thanks again.
Did she disclose that husband is working here in US with green card?
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  #6 (permalink)  
Old 03-20-2009, 05:56 PM
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NO..she did not submit the I was working here on green card...i've been hearing that this may be a problem?...
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  #7 (permalink)  
Old 03-21-2009, 01:19 PM
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Originally Posted by leslie535 View Post
NO..she did not submit the I was working here on green card...i've been hearing that this may be a problem?...
They can catch for Lying under the oath. Lot of people does this to get into US on some visa when spouse has green card. Best way to get married here in US again and apply on that basis. It may cause grief even at the time of citizenship later. But you already applied for I-130. Talk to some attorney.
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  #8 (permalink)  
Old 04-07-2009, 05:58 PM
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Default Green card process for spouse on F-1 Reply to Thread
So they may deny her application because she 'lied' when applying for the F-1?
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  #9 (permalink)  
Old 04-07-2009, 07:42 PM
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So they may deny her application because she 'lied' when applying for the F-1?
Yes If they find this info there is possibility. In any case there are other avenues like waiver. But this is only if they dig it out.
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