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  1. #1
    Join Date
    Feb 2009
    Location
    Manchester, CT
    Posts
    2

    Default Getting a Visa After Filing I-130

    Hi everybody

    I'm a permanent resident (Connecticut) since July 2004, but I have to live outside US until May 2008 for studies reasons (getting my PhD). I never lose my residence (also I obtained a travel permit, but never use it) because I always returned to US before passing a full year outside. In those ocasions, I spent from 2 weeks to one month here. Never have problems at airport's immigration. I don't know when I will be eligible to obtain citizenship. That's the first question.

    I got married in January 2007 (outside US) and after that I filed a petition I-130 for my wife. The USCIS sent me a letter telling that they received the form in March 2007. Now, my wife has the chance to come to US for a postdoctoral fellowship in a university for 1 or 2 years. Questions are:

    - Will she have any problem obtaining a visa due to their prior petition?

    - What kind of visa would they give her?

    - If in the meantime, I obtain the citizenship and upgrade my petition, could she change her status?

    - If her visa expires before my petition were approved, could she stay in US legally?

    Thank you very much for any comment.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Getting a Visa After Filing I-130

    With respect to your eligibility to apply for citizenship, read here. I would expect you to become eligible after your 5th anniversary date of being granted your LPR status.

    - Will she have any problem obtaining a visa due to their prior petition?
    She shouldn't.

    - What kind of visa would they give her?
    Her program should make a recommendation as to which visa to apply for. I would expect a J visa.

    - If in the meantime, I obtain the citizenship and upgrade my petition, could she change her status?
    Yes. Once you naturalize, she may file the I-485.

    - If her visa expires before my petition were approved, could she stay in US legally?
    The I-130 petition? No. She would have to go back home until your petition is approved. If you are approved for naturalization before her visa expires, however, she may stay.

    The rules are more favorable for citizens.

  3. #3
    Join Date
    Feb 2009
    Location
    Manchester, CT
    Posts
    2

    Default Getting a Visa After an I-130 (Updated)

    Dear members

    We got this message from a university:

    "An I-130 pending indicates that she has immigrant intent. The consulate would not give her a J-1 visa stamp because a
    J-1 is non immigrant intent. Also, if the consulate is not wise and gives her a J-1, it may make her subject to the 2 year home residency
    requirement, which means she will be allowed to enter the U.S. but she will not be able to adjust to permanent residency with
    her husband because she will be subject to return to her home country for 2 years after the J-1 ends. The only way to remove the requirement
    is if she requests a waiver and that may take months.

    The J-1 would not be the best choice. The only other options we can provide is to process an H-1b, or have her wait
    until her husband can file an I-485 application and request employment authorization for her. Again, this may take time
    depending on where they are with the I-130 filing. She may want to talk to an immigration attorney to see what other options are available."

    We can't wait so long because she is intended to start in September, and I think I don't have enough time to file an I-485 (I will only have 5 years of residence in July). Does anyone think that the H-1b is a good alternative?. I live in CT, and the university is in North Carolina.

    Thank you very much

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