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 What are her options?
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Posted on 06-07-11 9:48 AM     Reply [Subscribe]
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Hello friends..we all know how annoying immigration laws are...Here is a head scratcher for you!!

A greencard holder married a lady (my cousin). She is currently in B1 visa and they have applied for AOS. But her b1 is running out in Aug and I dont think she will get any extension as she has been in USA since 4-5 years in F1 and J1 visas. I dont think she can change back to F1 so quickly before august as she already has a Phd. Is there any other option? She lives in NYC and does any one knoe if there are any Kaplan or Toefl class thay may give her temporary I20?  Any other option for her to stay with her husband and not leave the country?

Clarification: my cousin is in b1 and she married a GC holder...
Last edited: 07-Jun-11 10:33 AM

Posted on 06-07-11 10:18 AM     [Snapshot: 44]     Reply [Subscribe]
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Your statment is very confuse. i really do not understand what are you trying to say. Your cousin is greencard holder then why she need to be B1 visiter visa. If she is on B1 then how can she get F1 and J1 for 4-5 years? B1 visa is only for 6 months. what are you trying to say? please write clearly.

Posted on 06-07-11 10:24 AM     [Snapshot: 86]     Reply [Subscribe]
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If she married a green card holder ask her to process for Green card too as the case starts she can legally stay & work .

Posted on 06-07-11 11:36 AM     [Snapshot: 186]     Reply [Subscribe]
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ya, kaplan and toefl is always an open option if she wants to maintain a legal status, but as far as I know , a person is eligible for greencard through marriage even though he/she has not been maintaining the visa status but entered the country legally . u will get more inputs if you post it in other immigration forums/blogs.
Posted on 06-08-11 10:09 PM     [Snapshot: 462]     Reply [Subscribe]
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 try immigrationportal.com 
Posted on 06-08-11 11:48 PM     [Snapshot: 580]     Reply [Subscribe]
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 if she has her own phd then why is she not applying for permanent residency herself? ki naam matra ko phd ho? 

Posted on 06-08-11 11:53 PM     [Snapshot: 584]     Reply [Subscribe]
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 i don't think marrying a gc gives any status to lawfully stay in the country. You have to wait for visa aviliability which is around 5 yrs for gc 's spouse. if he is going to be a citizen soon then that is a totally different situation. 
Posted on 06-09-11 7:17 AM     [Snapshot: 769]     Reply [Subscribe]
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Phd ta Phd...tara nam ko mattrai nai ho jasto chaa...she hasnt found any college to sponser her or do that NIW thing herself.....and she cant enroll in school for this fall as i think its too late....i suggested her to just stay and when her husband becomes citizen then it wont be a problem for her but she told me that her grandparents are very very old and want to be able to go back if somethin happens.....k bhanne

Posted on 06-09-11 7:26 AM     [Snapshot: 783]     Reply [Subscribe]
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 The national average for the processing of the spouse of a green card holder is now 5 months. So if your cousin's spouse has already applied then I think it would be no problem if not then he should apply immediately. I hope this will help you decide.
Posted on 06-09-11 8:00 AM     [Snapshot: 820]     Reply [Subscribe]
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The processing of a spouse of a green card holder may be 5 months after you get the visa number. You need to wait for more than 4 years to get the visa number after you marry a GC holder.

When did ur cousin marry him? if your cousin has married within last year, it will be more than 4 years that she will get GC. Hence the only option is to join Kaplan in NYC rather than staying illegal till her hubby becomes citizen.

In NYC your cousin can take Kaplan course for either Toefl or GRE and get I-20 to be in status.
Posted on 06-09-11 8:16 AM     [Snapshot: 835]     Reply [Subscribe]
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 Not sure if you mentioned what field her PhD is on but joining an MBA program could be the most viable and suitable option.  Lot of programs, admittedly not the top-notch ones, accept students until late summer.  PhD and MBA credentials often lead to very lucrative career.
Posted on 06-09-11 8:20 AM     [Snapshot: 861]     Reply [Subscribe]
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talk to the immigration laywer. this is a serious matter.
Posted on 06-09-11 10:36 AM     [Snapshot: 977]     Reply [Subscribe]
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5 months only to get an approval from USCIS, the person has to wait until National Visa center (NVC) issues the visa number. check

under F2A calegory for spouse of greencard holder which is August 2007 for this month

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