Greeley, CO Immigration Law Firms & Lawyers

If all the necessary forms and documents are filed with the correct fees, USCIS could schedule a interview within 3 or 4 months. If eligible and deserving, LPR can be granted the same day. You should consult an immigration attorney if you want to travel before then or there are any issues that could make you inadmissible.

I am assuming that he is still in status on his student visa. You would first need to file a form I-130 and then a form I-485. I would strongly suggest that you consult with an experienced immigration attorney to guide you through the process and to make sure that all of the necessary documentation is supplied to the U.S.C.I.S. in a timely manner so as not to delay or prejudice your petition.

Sounds like her travel will abandon the application. If an application for change or extension of status is pending review, an applicant's departure from the US generally constitutes an abandonment of such status. While the applicant may remain in the US after the expiration of the last valid I-94, the departure from the US pending a decision will automatically constitute abandonment of the application. My suggestion is that you speak with someone knowledgeable about the case before making travel plans because you do not want to depart the US only to find out that your wife is stuck outside of the country waiting for your petition to be approved before she can make an application through the US Consulate to return to the US. While this does not appear to be all that complicated of a case, you do want to make sure that you understand the potential consequences of departing the US before traveling. Wait times to obtain nonimmigrant visas through the US Consulates in India can be lengthy and you do not want a situation where a brief visit turns out to be a long period of absence. The answer is out there, you should speak with someone before hand to ensure that you have that answer before travel. Good luck.