Results 1 to 7 of 7
  1. #1
    Join Date
    Jul 2010
    Posts
    5

    Default Does F1 Student Have to Leave U.S. for Green Card Interview/Appointment

    My girlfriend has been an f1 student here in Florida for the last 2 1/2 years. When she first moved here 3 years ago, her brother (a citizen by marriage) petitioned for her to become a resident. They just received a response in the mail saying it was accepted and now she has to wait for another letter which will tell her about an interview/appointment or something of that nature.

    Her brother is saying she may have to go back to Venezuela for 1 or 2 YEARS to wait for her green card...She and I are both terrified that she will have to leave for an extended period. Is this true, or will she most likely have her interview in the U.S. without leaving? The university says her visa expires december 12th 2010 (5 months from now)..is there any way to extend it so she can stay during the green card process, or will she have to leave?

  2. #2
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Does F1 Student Have to Leave U.S. for Green Card Interview/Appointment

    Unless she can maintain her own legal status via work or study, she must leave. If she has completed a degree program, she should check into OPT and H-1B.

    She should not under any circumstances remain illegally as it will complicate other immigration processes.

  3. #3
    Join Date
    Jul 2010
    Posts
    5

    Default Re: Does F1 Student Have to Leave U.S. for Green Card Interview/Appointment

    Quote Quoting T53147
    View Post
    Unless she can maintain her own legal status via work or study, she must leave. If she has completed a degree program, she should check into OPT and H-1B.

    She should not under any circumstances remain illegally as it will complicate other immigration processes.
    She says she knows how to extend her Visa and that it wouldn't be an issue to extend it, but she thinks that the letter for her appointment/interview will arrive at any moment and would have to leave to go back to Venezuela immediately.

    I guess what I'm asking is..is it a guarantee that her interview will be IN Venezuela and that she will have to go there for up to a year? Or is it possible that the letter will say she can stay and have her interview in the U.S. while her green card info is being processed?

  4. #4
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Does F1 Student Have to Leave U.S. for Green Card Interview/Appointment

    If her priority date in in 2007, she has at least a 6 year wait for a visa number on the basis of a sibling petition (family 4th). She must maintain legal status on her own.

    http://www.travel.state.gov/visa/bul...etin_5092.html

    She really needs a work visa. If she doesn't, she will need to return home to wait because overstay is not forgiven for this type of petition. If she in in legal status in the US, she does not have to go for processing at the consulate, but her only legal status would be on the basis of work since she is no longer a student.

    If she does not understand the process, she should first read the USCIS document on family based immigration. If she still does not understand, she should consult an attorney.

  5. #5
    Join Date
    Jul 2010
    Posts
    32

    Default Re: Does F1 Student Have to Leave U.S. for Green Card Interview/Appointment

    Or you can marry her if you are that 'afraid' to lose her. That will definitely help her situation. You can always divorce anyway if it does not work out.

  6. #6
    Join Date
    Jul 2010
    Posts
    5

    Default Re: Does F1 Student Have to Leave U.S. for Green Card Interview/Appointment

    Quote Quoting T53147
    View Post
    If her priority date in in 2007, she has at least a 6 year wait for a visa number on the basis of a sibling petition (family 4th). She must maintain legal status on her own.

    http://www.travel.state.gov/visa/bul...etin_5092.html

    She really needs a work visa. If she doesn't, she will need to return home to wait because overstay is not forgiven for this type of petition. If she in in legal status in the US, she does not have to go for processing at the consulate, but her only legal status would be on the basis of work since she is no longer a student.

    If she does not understand the process, she should first read the USCIS document on family based immigration. If she still does not understand, she should consult an attorney.
    Thank you so much for your responses. I agree, it sounds like a work visa is the way to go..but if she has only 4 months until her f1 visa expires..will we have enough time for her to get one?

    Quote Quoting medcoder&bill
    View Post
    Or you can marry her if you are that 'afraid' to lose her. That will definitely help her situation. You can always divorce anyway if it does not work out.
    She and I have discussed marriage, and we plan on getting married within the next year. The only thing is getting her to be able to STAY for the next 6 months to a year.

  7. #7
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Does F1 Student Have to Leave U.S. for Green Card Interview/Appointment

    Have her meet with her DSO at the university to discuss OPT and if she qualifies.

    1. Sponsored Links
       

Similar Threads

  1. Marriage: Green Card Interview-Worried About Student Visa
    By Hockeyjr in forum Visas for Business, Tourism and Family
    Replies: 1
    Last Post: 11-07-2010, 11:02 AM
  2. Marriage: I-94 Taken at Green Card Interview; Can We Travel
    By gtgoodri in forum Visas for Business, Tourism and Family
    Replies: 3
    Last Post: 07-06-2010, 11:17 AM
  3. Marriage: F1 to Marriage Green Card Interview
    By goldenflowers in forum Visas for Business, Tourism and Family
    Replies: 1
    Last Post: 10-02-2009, 09:42 AM
  4. Criminal Law Issues: Green Card Interview is Coming
    By helpmeplzzz in forum Immigration Issues
    Replies: 4
    Last Post: 07-16-2009, 09:29 PM
  5. Criminal Law Issues: Permanent Green Card Interview
    By ger in forum Immigration Issues
    Replies: 1
    Last Post: 12-03-2006, 10:43 AM
 
 
Sponsored Links

Legal Help, Information and Resources