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I-130 form, question 14

Norman, OK |

On the I-130 form, we have to fill out the date of when the relative's stay expires as shown on I-94 or I-95 card. My wife is an F-1 student. She does not have an expiration date on her I-94 and she does not have an I-95. Do we use the date her visa expires?

Attorney Answers 3


It is correct to write "D/S" for duration of status for an F-1, if that is what is written on the I-94.

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I would agree with the answer above. Her expiration of stay would be listed on the I-94 not on the visa. Either D/S or leave it blank.

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I agree you can put D/S. I might also ask if you are a U.S. CItizen? If so you can file form I-130 and I-485 a the same time along with the other required documents. Marriage based adjustment of status cases take around 6 months and your wife can also apply for a work permit at the same time get it after 3 months. Don't forget to include significant evidence that the marriage is bonafide. If you are a greencard holder you will have to wait for your priority date is current before you can file the I-485.

If you would like to have an immigration attorney prepare and file your case you may call me for a free consultation. As a solo attorney I am able to charge less than the larger immigration firms who must pay staff. (206) 724-1940.

Andre Olivie, Esq.

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