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URGENT Help required on marriage-based petition (Immigration Law)

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• Sun, 05 Dec 2004 19:15:00 GMT(1)
• Here is my case: I came to United States in August 2002 on Student (F-1) visa. My wife is a permanent resident of United States and we got married in August 2002 (the same month I came to USA). We had got engaged back in India before we came to US. She came to US in June-2002. She got her green-card (permanent residency) in 1999 but she wasn't living in USA. She came here every year to renew her re-entry permit. She started living permanently in United States only from June-2002. So, since June-2002, she has been in the USA continuously. Now she filed a petition for me (I-130) in January 2004. I received a confirmation from INS in January 2004 that they had received the application and were processing it. I-130 is the only form that we have filed till now. As of today when I checked my application status, it shows: Your I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN was received on January 25, 2004. We mailed you a receipt with information about processing. It is taking between 540 and 570 days for us to process this kind of case. We will mail you a decision as soon as processing is complete. My wife is still not a citizen of USA and I guess it will take a couple more years to become a Citizen. I am still on F-1 and from January 2005, I will be on H-1B visa. My question is: 1. Approximately, when will I get my Green Card? 2. I have one more thread on the Google Group at: http://groups.google.com/groups?hl=en&lr=&threadm=94955980.0411160- 204.310be18d%40posting.google.com&rnum=3&prev=/groups%3Fq%3Dgroup:- alt.visa.us%2Bauthor:raj%26hl%3Den%26lr%3D%26selm% 3D94955980.04111- 60204.310be18d%2540posting.google.com%26rnum%3D3 I am pretty positive that I would be getting the H-1B (my employers have also done the Premium Processing for me) but what is the worst case scenario? I mean, what happens if my H-1B is not approved? Do I have to return to my country and wait till my Green Card gets approved? Is there any way, I can still stay in USA and get some type of work-permit based on my wife's petition? I would really appreciate a response to my question. Thanks much in advance.
  
  As I understand it, it will be quicker to await you wife getting
  citizenship and then filing K3 than wait for a number to come up as a
  PR.
  
  Meanwhile to stay in the US you must have some other status, such as
  H1B. That would need to be from someone who is exempt from the cap, like
  a University.
  
  --
  Posted via http://britishexpats.com
• Mon, 06 Dec 2004 06:23:00 GMT(2)
• Here is my case: I came to United States in August 2002 on Student (F-1) visa. My wife is a permanent resident of United States and we got married in August 2002 (the same month I came to USA). We had got engaged back in India before we came to US. She came to US in June-2002. She got her green-card (permanent residency) in 1999 but she wasn't living in USA. She came here every year to renew her re-entry permit. She started living permanently in United States only from June-2002. So, since June-2002, she has been in the USA continuously. Now she filed a petition for me (I-130) in January 2004. I received a confirmation from INS in January 2004 that they had received the application and were processing it. I-130 is the only form that we have filed till now. As of today when I checked my application status, it shows: Your I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN was received on January 25, 2004. We mailed you a receipt with information about processing. It is taking between 540 and 570 days for us to process this kind of case. We will mail you a decision as soon as processing is complete. My wife is still not a citizen of USA and I guess it will take a couple more years to become a Citizen. I am still on F-1 and from January 2005, I will be on H-1B visa. My question is: 1. Approximately, when will I get my Green Card? 2. I have one more thread on the Google Group at: http://groups.google.com/groups?hl=en&lr=&threadm=94955980.0411160- 204.310be18d%40posting.google.com&rnum=3&prev=/groups%3Fq%3Dgroup:- alt.visa.us%2Bauthor:raj%26hl%3Den%26lr%3D%26selm% 3D94955980.04111- 60204.310be18d%2540posting.google.com%26rnum%3D3 I am pretty positive that I would be getting the H-1B (my employers have also done the Premium Processing for me) but what is the worst case scenario? I mean, what happens if my H-1B is not approved? Do I have to return to my country and wait till my Green Card gets approved? Is there any way, I can still stay in USA and get some type of work-permit based on my wife's petition? I would really appreciate a response to my question. Thanks much in advance.
  
  It will be a long, long time.
  
  Worst case scenario - if you do not get an H-1B visa, you will have to
  leave the US when your F-1 visa expires.
  
  You can't get a green card if you are not living in the US. However,
  under the right circumstances, you can get a visa to enter the US
  and when you enter, it will automatically trigger the issuance of a
  green card.
  
  No. While a K-3 is still possible, there is an annual quota for non-US
  citizens which means that you will be waiting years... many, many years
  before a visa becomes available. It will be quicker if your wife
  becomes a US citizen and then applies for you - there is no quota for
  US citizens!
  
  Ian
  
  --
  Posted via http://britishexpats.com
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