Can he petition for his wife?

[MGG032589 0]

Hey guys,

I was told a Legal Permanent Resident could petition for his wife to become a legal resident also. she came to the U.S. with a tourist visa which expired (I dont know when it expired). I just wanted to verify if this can be done, i know a US citizen can but can a Legal Permanent Resident do the same? I would thank anyone who replys ASAP!!!

[YuAndDan 153]

NO

Adjustment of status requires that the I-130 filed to base the AOS on results in approval, and that the approved I-130 qualifies for an immediate visa number under the unlimited visa class.

Only persons who fall into the Unlimited class can adjust status based on an attached I-130. (Unlimited class includes: Immediate Relatives (Spouses of US citizens (USCs), unmarried children under 21 years of age of USCs, and parents of USCs, A USC must be over the age of 21 to petition for his/her parent.)

Who May File This Form I-485 ?

1. Based on an immigrant petition.

You may apply to adjust your status if:

A. An immigrant visa number is immediately available to you based on an approved immigrant petition; or

B. You are filing this application with a completed relative petition, special immigrant juvenile petition or special immigrant military petition which if approved would make an immigrant visa number immediately available to you

http://www.uscis.gov/files/form/i-485instr.pdf

The I-130 will be placed in storage for a few YEARS, until closer to time of visa number being available, and I-485 will be denied.

[YuAndDan 153]

Moving this.

[payxibka 10,045]

Hey guys,

I was told a Legal Permanent Resident could petition for his wife to become a legal resident also. she came to the U.S. with a tourist visa which expired (I dont know when it expired). I just wanted to verify if this can be done, i know a US citizen can but can a Legal Permanent Resident do the same? I would thank anyone who replys ASAP!!!

petition (I-130) YES... adjust status concurrently from inside the USA (I-485).. NO

[MGG032589 0]

NO

Adjustment of status requires that the I-130 filed to base the AOS on results in approval, and that the approved I-130 qualifies for an immediate visa number under the unlimited visa class.

Only persons who fall into the Unlimited class can adjust status based on an attached I-130. (Unlimited class includes: Immediate Relatives (Spouses of US citizens (USCs), unmarried children under 21 years of age of USCs, and parents of USCs, A USC must be over the age of 21 to petition for his/her parent.)

Who May File This Form I-485 ?

1. Based on an immigrant petition.

You may apply to adjust your status if:

A. An immigrant visa number is immediately available to you based on an approved immigrant petition; or

B. You are filing this application with a completed relative petition, special immigrant juvenile petition or special immigrant military petition which if approved would make an immigrant visa number immediately available to you

http://www.uscis.gov/files/form/i-485instr.pdf

The I-130 will be placed in storage for a few YEARS, until closer to time of visa number being available, and I-485 will be denied.

Ok, i'm confused!!! so he can't petition for his wife because he's not a US citizen? or because she doesnt have a immigrant visa number? sorry i'm sort of confused. so in order for her to become a permanent resident would she have to go back to her country and for him to petition for her from there? she's also pregnant so would this be a problem? and if its because she doesnt have a visa number cant she used the visa number of her tourist visa?

[payxibka 10,045]

NO

Adjustment of status requires that the I-130 filed to base the AOS on results in approval, and that the approved I-130 qualifies for an immediate visa number under the unlimited visa class.

Only persons who fall into the Unlimited class can adjust status based on an attached I-130. (Unlimited class includes: Immediate Relatives (Spouses of US citizens (USCs), unmarried children under 21 years of age of USCs, and parents of USCs, A USC must be over the age of 21 to petition for his/her parent.)

Who May File This Form I-485 ?

1. Based on an immigrant petition.

You may apply to adjust your status if:

A. An immigrant visa number is immediately available to you based on an approved immigrant petition; or

B. You are filing this application with a completed relative petition, special immigrant juvenile petition or special immigrant military petition which if approved would make an immigrant visa number immediately available to you

http://www.uscis.gov/files/form/i-485instr.pdf

The I-130 will be placed in storage for a few YEARS, until closer to time of visa number being available, and I-485 will be denied.

Ok, i'm confused!!! so he can't petition for his wife because he's not a US citizen? or because she doesnt have a immigrant visa number? sorry i'm sort of confused. so in order for her to become a permanent resident would she have to go back to her country and for him to petition for her from there? she's also pregnant so would this be a problem? and if its because she doesnt have a visa number cant she used the visa number of her tourist visa?

he can petition for his wife... but the visa is subject to a quota (not in the unlimited classification)... there is an annual qouta and an already existent waiting list... his wife cannot jump to the head of the line....

immigrant visa numbers and non-immigrant (ie. tourist) visa numbers are quite different

[MGG032589 0]

NO

Adjustment of status requires that the I-130 filed to base the AOS on results in approval, and that the approved I-130 qualifies for an immediate visa number under the unlimited visa class.

Only persons who fall into the Unlimited class can adjust status based on an attached I-130. (Unlimited class includes: Immediate Relatives (Spouses of US citizens (USCs), unmarried children under 21 years of age of USCs, and parents of USCs, A USC must be over the age of 21 to petition for his/her parent.)

Who May File This Form I-485 ?

1. Based on an immigrant petition.

You may apply to adjust your status if:

A. An immigrant visa number is immediately available to you based on an approved immigrant petition; or

B. You are filing this application with a completed relative petition, special immigrant juvenile petition or special immigrant military petition which if approved would make an immigrant visa number immediately available to you

http://www.uscis.gov/files/form/i-485instr.pdf

The I-130 will be placed in storage for a few YEARS, until closer to time of visa number being available, and I-485 will be denied.

did i mention that she is living here in the US with him? does this make a difference? but since her visa expired she's an illegal immigrant here and since her husband is a LPR, he was told he can petition for her? or is this only true when the benificiary is outisde the US? because in form I-130 it states "A CITIZEN OR LAWFUL PERMANENT RESIDENT OF THE US MAY FILE THIS FORM....."

[MGG032589 0]

he can petition for his wife... but the visa is subject to a quota (not in the unlimited classification)... there is an annual qouta and an already existent waiting list... his wife cannot jump to the head of the line....

immigrant visa numbers and non-immigrant (ie. tourist) visa numbers are quite different

OK IM NOT UNDERSTANDING MUCH MAYBE BECAUSE I DONT KNOW MUCH LEGAL TERMS REGARDING IMMIGRATION. what do you mean when "the visa is subject to quota?" and then in the beginning you say he can petition? so can he petition, yes or no? his wife is here already. they got married here. i was told that if a person was entered legally she could get her LPR by her husband.

[payxibka 10,045]

NO

Adjustment of status requires that the I-130 filed to base the AOS on results in approval, and that the approved I-130 qualifies for an immediate visa number under the unlimited visa class.

Only persons who fall into the Unlimited class can adjust status based on an attached I-130. (Unlimited class includes: Immediate Relatives (Spouses of US citizens (USCs), unmarried children under 21 years of age of USCs, and parents of USCs, A USC must be over the age of 21 to petition for his/her parent.)

Who May File This Form I-485 ?

1. Based on an immigrant petition.

You may apply to adjust your status if:

A. An immigrant visa number is immediately available to you based on an approved immigrant petition; or

B. You are filing this application with a completed relative petition, special immigrant juvenile petition or special immigrant military petition which if approved would make an immigrant visa number immediately available to you

http://www.uscis.gov/files/form/i-485instr.pdf

The I-130 will be placed in storage for a few YEARS, until closer to time of visa number being available, and I-485 will be denied.

did i mention that she is living here in the US with him? does this make a difference? but since her visa expired she's an illegal immigrant here and since her husband is a LPR, he was told he can petition for her? or is this only true when the benificiary is outisde the US? because in form I-130 it states "A CITIZEN OR LAWFUL PERMANENT RESIDENT OF THE US MAY FILE THIS FORM....."

an LPR CAN file the I-130 which only determines eligibility for a visa... THIS IS DIFFERENT than a greencard which is the I-485 which she CANNOT do because she is subject to a visa quota

[payxibka 10,045]

OK IM NOT UNDERSTANDING MUCH MAYBE BECAUSE I DONT KNOW MUCH LEGAL TERMS REGARDING IMMIGRATION. what do you mean when "the visa is subject to quota?" and then in the beginning you say he can petition? so can he petition, yes or no? his wife is here already. they got married here. i was told that if a person was entered legally she could get her LPR by her husband.

a quota means a limited number of available visas.... the annual limit is something like 154,000 each year.... there are already possibly a million or more people on the waiting list ahead of your friend... they must wait in line.............

[MGG032589 0]

an LPR CAN file the I-130 which only determines eligibility for a visa... THIS IS DIFFERENT than a greencard which is the I-485 which she CANNOT do because she is subject to a visa quota

ok so let me get this straight, the I-130 is ONLY used in order for her to get here? correct, since she's already here there's no need for that, correct? and could you explain to me what us a visa qouta? thank you

[payxibka 10,045]

ok so let me get this straight, the I-130 is ONLY used in order for her to get here? correct, since she's already here there's no need for that, correct? and could you explain to me what us a visa qouta? thank you

No... an I-130 is to determine her eligibility for a visa... has nothing to do with GETTING HERE....STAYING HERE... LIVING HERE... or GREENCARD

LPR's who filed a petition 5 years ago are STILL WAITING.... his wife must WAIT...

It is better if the LPR becomes a citizen and then he can begin the process to get his wife her legal status immediately.

Edited June 3, 2009 by payxibka

[MGG032589 0]

OK IM NOT UNDERSTANDING MUCH MAYBE BECAUSE I DONT KNOW MUCH LEGAL TERMS REGARDING IMMIGRATION. what do you mean when "the visa is subject to quota?" and then in the beginning you say he can petition? so can he petition, yes or no? his wife is here already. they got married here. i was told that if a person was entered legally she could get her LPR by her husband.

a quota means a limited number of available visas.... the annual limit is something like 154,000 each year.... there are already possibly a million or more people on the waiting list ahead of your friend... they must wait in line.............

I was told, let me know if they are correct or wrong, that she would be able to become a legal resident because of her husband if she filled out form I-485A which would make her pay a penalty of $1000 while filing I-485.

ok so let me get this straight, the I-130 is ONLY used in order for her to get here? correct, since she's already here there's no need for that, correct? and could you explain to me what us a visa qouta? thank you

No... an I-130 is to determine her eligibility for a visa... has nothing to do with GETTING HERE....STAYING HERE... LIVING HERE... or GREENCARD

LPR's who filed a petition 5 years ago are STILL WAITING.... his wife must WAIT...

It is better if the LPR becomes a citizen and then he can begin the process to get his wife her legal status immediately.

so when he becomes a US citizen can she become a LPR while being here as an illegal immigrant?

[payxibka 10,045]

OK IM NOT UNDERSTANDING MUCH MAYBE BECAUSE I DONT KNOW MUCH LEGAL TERMS REGARDING IMMIGRATION. what do you mean when "the visa is subject to quota?" and then in the beginning you say he can petition? so can he petition, yes or no? his wife is here already. they got married here. i was told that if a person was entered legally she could get her LPR by her husband.

a quota means a limited number of available visas.... the annual limit is something like 154,000 each year.... there are already possibly a million or more people on the waiting list ahead of your friend... they must wait in line.............

I was told, let me know if they are correct or wrong, that she would be able to become a legal resident because of her husband if she filled out form I-485A which would make her pay a penalty of $1000 while filing I-485.

ok so let me get this straight, the I-130 is ONLY used in order for her to get here? correct, since she's already here there's no need for that, correct? and could you explain to me what us a visa qouta? thank you

No... an I-130 is to determine her eligibility for a visa... has nothing to do with GETTING HERE....STAYING HERE... LIVING HERE... or GREENCARD

LPR's who filed a petition 5 years ago are STILL WAITING.... his wife must WAIT...

It is better if the LPR becomes a citizen and then he can begin the process to get his wife her legal status immediately.

so when he becomes a US citizen can she become a LPR while being here as an illegal immigrant?

much easier than right now

read the I-485A instructions... it does not appear she qualifies to use this

Edited June 3, 2009 by payxibka

[JERIII 8]

did i mention that she is living here in the US with him? does this make a difference? but since her visa expired she's an illegal immigrant here and since her husband is a LPR, he was told he can petition for her? or is this only true when the benificiary is outisde the US? because in form I-130 it states "A CITIZEN OR LAWFUL PERMANENT RESIDENT OF THE US MAY FILE THIS FORM....."

He can file the I-130 for her, and eventually it will be processed. That is a necessary first step. But that does not allow her to live in the United States. After the I-130 is approved, they must wait for a Visa number to become available. For the spouse of a LPR, this will take a number of YEARS.

In addition, as the spouse of a LPR, she is not eligible to become an LPR if she has overstayed her Visa, so the petition may be denied.

In this situation, I think that probably the quickest mostly legal path is for the husband to file the I-130 and then file for citizenship when he is eligible. (How long has he been an LPR?) When he becomes a citizen, he can inform USCIS that he is a citizen and the process will speed up. HOWEVER, she will be illegal throughout this period, and subject to deportation.

What you were told - that she can become an LPR through her husband is correct, but misleading. The bottom line is that the right to marry and bring a wife to the US (relatively) quickly is a right of citizens, not of LPRs.

I strongly recommend that he talk to an attorney, or to a professional in the field. This is not a good time to be relying on advice from people on the internet who may or may not know what they are talking about (like me).