F1 married to GC

[cHiQy]

Hello everyone

Arrived in the US --> May 2006
( Tourist Visa )

Adjusted my status & got approved --> Jan. 2007
( Student Visa )

Married to my HON --> Mar. 2007
( He's a GC holder )

Discussed with our Attorney --> Oct. 2007
( Paid him $2000 (filing fees included) to help us for me to have a GC )

Attorney filed I-130 --> Nov. 2007
( With other documents needed )

Received 1st Rejection Notice from USCIS --> Dec. 2007
( Attorney said that my husband can't file yet. He could file on Jan.`08 )

Attorney filed all the documents again --> Jan. 2008
( He sent me copies of the papers he filed )

Received 2nd Rejection Notice from USCIS --> Feb. 2008
( It says incorrect filing fee. Attorney said he sent the right amount )

Attorney filed again for the 3rd time --> Mar. 2008
( Bad Attorney )

Received Receipt Number from USCIS --> Mar. 2008
( Not Check Cashed )

Changed Address --> August 2008
( Online )

October 2008 --> Nothing happened yet!

My husband is going to be apply for citizenship on --> Jan. 2009
( His 5th year as a Permanent Resident would be on --> April 2009 )


Now, I'm still in F1 visa, still studying.

If you have suggestions about Bad Attorney, or suggestions about my husband's filing for Citizenship, please please please...help me! what do we need to do?

Thank you in advance

[canadian_wife]

Hmmm...not really much to say. It takes quite a bit longer for your I-130 to be processed if your husband is a resident and not a citizen so as soon as you can update your I-130 with him as a citizen the better.

Sounds like you rolled the dice with your attorney and lost. Damage is done.

All I can say is be patient and keep the status of your F-1 valid because you do not want to fall out of status while the i-130 is pending. Good luck

[xclent]

You have to keep your F1 status. You will not get regular work permit since your hubby is not a USC.

Once he gets his citizenship, you will be eligible for work permit and most probably you will get your GC b/w 6-9 months.

From now till you get your GC, you are looking 15-18 months waiting time. Because Naturalization itself takes 6-8 months.

Since you entered US legally and was inspected, you can adjust your status in US even if you lose your status. But your husband must be USC.

If you lose your status while your husband is GC holder, there is a chance that you can be deported.

In simple words, keep your status, wai for the hubby to become USC and please don't go to the same lawyer. You can do it yourself since your case is straight forward.

[douginguam]

It makes a big difference to have your husband become a US Citizen.

It speeds up your I-130 process AND MOST IMPORTANTLY gets an immediate visa number for you. Without the visa number (for spouse of USC) you can wait a long time to get a visa interview, even after the I-130 is approved.

Processing citizenship is quite straightforward (assuming your husband has no arrest issues). It is just filling in forms with data only your husband has access to. You should not need a lawyer.

Provided you stay in status on your F-1 (continue studying) then your visa process should be easy too. (I have no direct experience since I did not adjust status in the US. But there will be plenty of others on I2US that can help you through any issues).

:go: good luck :go:

p.s. - I became a USC as part of my family's process