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Green Card for Wife (from G4)

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  • 11-08-2009, 07:51 AM
    ms2234
    Green Card for Wife (from G4)
    Hi

    I am 32, have a green card. My wife is on a dependent G4 visa since I work with the UN. However I retired/ended my relationship as staff with the UN recently and am now a consultant with the UN.

    I have a few questions. She is 25, of Uzbek origin.

    1) I am keen on filing for her green card. How long will it take before she gets a green card? Can she travel during this time period?

    2) Her g4 is till April 2010. However she received G4 in her older passport which was in her maiden name. Her new passport is in her married last name, same as mine. If we travel this December, would we have trouble re-entering the U.S.?

    3) She is also a student? Is it wise for us to switch to F1 and not be on G4?

    4) Would the exception of G4 to Green Card conversion apply such that it would be fast? (http://www.uscis.gov/files/pressrele...Imms012304.pdf)

    Please advise as we need to travel this December.
  • 11-10-2009, 06:28 PM
    Mr. Knowitall
    Re: Green Card for Wife (from G4)
    1. It takes... as long as it takes. Probably 4-6 months for approval of an I-485, maybe less, maybe more. If you petition for advance parole, travel may be okay if it's granted but remains iffy if there's going to be a period of ineligibility resulting from overstay.

    2. Her G4 is derivative of your employment status, which is no longer in effect. I would be wary of trying to reenter on G4 status, even if her I-94 has not expired.

    3. That's problematic given that she's seeking permanent residency. An F1 visa is a nonimmigrant visa, incompatible with seeking residency.

    4. I don't see that she could qualify to file an I-360, if you've ended your employment with the UN.
    Quote:

    Quoting Special Immigrant International Organization Employee or Family Member
    Certain long-term "G" and "N" nonimmigrant employees of a qualifying international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act, and certain relatives of such an employee, may be eligible to apply for classification as a Special Immigrant. To determine eligibility, contact the qualifying international organization or your local USCIS office.

    The petition must be filed with:
    1. A letter from the international organization demonstrating that it is a qualifying organization and explaining the circumstances of qualifying employment and the immigration status held by the person the petition is for; and

    2. Copies of evidence documenting the relationship between the person this petition is for and the employee.

  • 11-10-2009, 06:28 PM
    Mr. Knowitall
    Re: Green Card for Wife (from G4)
    1. It takes... as long as it takes. Probably 4-6 months for approval of an I-485, maybe less, maybe more. If you petition for advance parole, travel may be okay if it's granted but remains iffy if there's going to be a period of ineligibility resulting from overstay.

    2. Her G4 is derivative of your employment status, which is no longer in effect. I would be wary of trying to reenter on G4 status, even if her I-94 has not expired.

    3. That's problematic given that she's seeking permanent residency. An F1 visa is a nonimmigrant visa, incompatible with seeking residency.

    4. I don't see that she could qualify to file an I-360, if you've ended your employment with the UN.
    Quote:

    Quoting Special Immigrant International Organization Employee or Family Member
    Certain long-term "G" and "N" nonimmigrant employees of a qualifying international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act, and certain relatives of such an employee, may be eligible to apply for classification as a Special Immigrant. To determine eligibility, contact the qualifying international organization or your local USCIS office.

    The petition must be filed with:
    1. A letter from the international organization demonstrating that it is a qualifying organization and explaining the circumstances of qualifying employment and the immigration status held by the person the petition is for; and

    2. Copies of evidence documenting the relationship between the person this petition is for and the employee.

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