wrote in message
news:1181250942.307943.131590@g4g2000hsf.googlegroups.com...
>>
>> > The second possibility is for me to apply green card for them now
>> > based on my green card. Can that allow them to stay in the country
>> > legally until I get citizenship and refile the application base on
>> > that?
>>
>> If you got married after becoming a PR, no. There's several years of
>> backlog
>> in that visa category.
>>
> To give more information, we got married a
> couple years ago and they just came to US 1 month ago and I-94 doesn't
> expire for another 5 months. They got B1/B2 visa considering I am a
> PR, does that give us some hope?
To be honest, they shouldn't have gotten a B1/B2 visa in the first place.
Immigration officials are supposed to issue B-visas only when they're
confident the individual will return to his/her home country, which is
unlikely when the spouse is a PR, as your case illustrates. Either your
spouse misrepresented her case, or the official was asleep at the wheel.
Incidentally, the same goes for the immigration official at the POE who let
them into the country! :)
There's thousands of PRs out there who have petioned for their spouse back
home and who have to wait many years for a visa to become available and
what's worse, are separated during that time.
> If we pursue the student option (as this seems to be the only
> option?), do they need to leave US to change status? If yes, do they
> need to go to home country or Mexico/Canada is OK?
No. If they leave the US, they won't be able to return until you have
successfully petitioned for them and they received an immigrant visa.
Here's what I suggest you do.
1. Apply for citizenship as soon as you can. You do know you can apply 90
days before reaching 5 years as a PR?
1. Talk to the Designated Student Official of the college where your spouse
would like to take classes. The DSO is the individual who deals with all
things immigration at that particular college. They're usually very
experienced at getting their students into F-1 status.
2. Have him file for a change of status to F-1 just before your spouse's
I-94 expires. This buys her more time. In addition, if you change from a
Tourist to a Student visa right after arriving in the US, there's a higher
chance your application will be denied because it is evidence that you
misrepresented your purpose for coming to the US and that you should leave
the country and apply for a student visa in the normal manner.
3. If the change of status application is denied (which is likely), and you
haven't acquired citizenship yet by that time and petitioned for your wife,
she will be out of status and is supposed to leave the US asap. However, as
Boiler indicated, it's quite common for people in your wife's case to just
'sit it out' and wait until you're a citizen. Spouses of US citizens always
get their Green Card eventually, often without having to leave the US.
I would also suggest you talk to an immigration attorney. I doubt if he'll
be able to tell you anything new but in case your case goes haywire you want
to have a physical person you can yell at. Not that it will do you much
good, and you'll be out of $$ too, but this is one case where I would not
solely rely on some post in a newsgroup. You can find one here: www.aila.org
.
Jozef
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