Spouse remaining in the US while processing I-130

[jennifernhoussine 0]

In review of the A1 Customer Guide on the USCIS website, there is a short comment about one's spouse being in the USA after filing the I-130 Petition for Alien Relative.

This is annotated directly from the A1 Customer Guide:

Can my relative wait in the United States until becoming a permanent resident?

Answer: No. If your relative is outside the United States, filing an I-130 does not allow your relative to live or work in the United States. An I-130 petition only establishes your relationship with your relative. Your relative should wait outside the United States to immigrate legally. If your husband or wife, unmarried child under 21 years, or parent is already in the United States after having entered legally, they can apply to adjust their status to permanent resident at the same time you file their I-130 petition.

* The piece I am concerned with is "If your husband or wife, unmarried child under 21 years, or parent is already in the United States after having entered legally, they can apply to adjust their status to permanent resident at the same time you file their I-130 petition."

I read this to mean that if they legally entered the US on some other type of Visa, that they can REMAIN in the US as long as they apply for AOS when I submit the I-130 petition. However, the comments from the A1 Customer Guide do not clearly say "Yes, they can remain in the US while awaiting on the AOS."

What does everyone else think? Or Does anyone know where can I find a solid answer to whether or not they can remain in the US?

Thanks,

Jennifer

[canadian_wife 1,822]

It largely depends on the intention of the foreign spouse when entering the US. If the spouse entered with intent to marry and stay, then no you cannot do that as it is a violation of the tourist visa he/she was likely admitted on.

Good luck

[Otto 83]

Not a K-1 Visa issue/question.

You should follow the Guide found here

http://www.visajourney.com/forums/index.ph...page=i130guide2

Explains what you're asking in detail (with some potential pitfalls).