Remember that a "visa" is needed only to enter the US. So, you can stay here as long as you have a valid I-20 and do not violate your status.
If you or your wife leave the US, you will need to apply for a new visa before returning to the US. If your wife travels without you, she can get her F-2 even though your visa is expired. She will need to have a valid I-20.
Mark J Curley
You should be receiving a notice from NVC asking if you intend to apply for a provisional waiver. You will need to pay the Immigrant Visa fee as well. You can proceed with selecting the agent of choice and then file your I-601A in March. I suggest that you consult with an experienced immigration attorney about your waiver. Good luck!
You applied for asylum and your wife's brother filed an I-130 for her? If so, one will have no effect on the other. The I-130 is a backup plan as your asylum claim will be adjudicated first.
Mark J Curley
If you have already consulted with an immigration attorney, then why are you posting this question here? You will get better information in a personal consultation than you will posting anonymously to a website.
For what it is worth, based on what info you have disclosed, I agree with your immigration attorney.
Your case seems very complex and you will need to consult with an immigration attorney who has experience with employment-based immigrant visa cases. You do not mention your occupation or field, but there are categories of employment-based immigrant visas which do not require a PERM certification. You might be able to quickly file a new I-140 next summer is your previous I-140 is revoked. It seems very strange that your employer would receive a NOID four years after the I-140 was approved to...
For marriage-based green card petitions, there will always be an interview, unless the immigrant spouse entered the U.S. on a K-1 fiance visa. In those circumstances, the immigrant spouse files the I-485 after the wedding day and, unless the background check finds something suspicious, the green card will be issued without an interview.
I know that waiting can be difficult, but you should have an interview at the Omaha Field Office within 4 months of filing. The local office has been very...
If stamp in passport is still valid, you can use it for employment. If not, then file I-90 for a replacement. When you receive the receipt, make an INFOPASS appointment with your local USCIS office to obtain a new stamp which authorizes employment and travel.
Appointments can be made online at www.uscis.gov .
Interesting question. Does the I-797 approval notice state that your file was mailed to the NVC or does it state that the beneficiary has indicated that he/she will apply to adjust status in the U.S? Unless the I-130 was correctly completed to show that you intended to consular process, your file may be stored at the USCIS National Records Center. If the I-797 does not state that your file was sent to the NVC, and you are not eligible for adjustment of status, you will need to file a form I-...