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I'm a F-1 student married to a LPR who'll be eligible for USC in Jan 2011.She filed I-130 for me? Will the petition be approved?

Charlottesville, VA |

We were both full time students when she filed for me early 2009. I'll be graduating from graduate business school this month & still looking for a job. I have an OPT approved till July 2011. She is also graduating with bachelors later this month & is also interviewing for jobs. We have a child born in the US last year.

We got married abroad in mid-2008 but also re-performed the marriage in a US marriage court two months before filing the I-130 petition. We used the US Marriage Cert for the petition.

I'm afraid the I-130 may not be approved since we do not have steady incomes & even it is approved, can she use a joint-sponsor to file for my I-485? The USCIS online tracking says the application is under review but the average waiting for my filing category shows it is due this month end.

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Attorney answers 1


The I-130 petition is only part of the process for you to become a lawful permanent resident. The date you filed your I-130 establishes your place in the wait list (aka priority date). The I-130 petition does not involve review of your petitioner's financial resources. That will come later as part of your adjustment of status. You will be eligible for adjustment of status, once your spouse becomes a US citizen or once your priority date becomes current provided you maintain lawful nonimmigrant status until then. The current wait list for Family 2A preference (spouses of lawful permanent residents) is approximately 4.5 years as published in the monthly State Department Visa Bulletin.

Feel free to take advantage of our Free 30 Minute Consultation by clicking on the BOOK NOW button on our website: and choose Option 1. The link below will also take you to the appointment scheduling system. We would be happy to work with you so that you can make an informed decision on how to proceed.

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