Help Needed I-130

[DariaG 0]

You know advising someone to break immigration laws is against the terms of service here.

I'm not advising to break the laws, I'm sharing my expirience and of course if you call to immigration and ask if someone can stay after visa expired and wait for answer of immigration petition, they will say no, because they following the instruction, but in reality it's ok, if you spouse is LPR you are in currently in us, you have to wait for approval, and then you qualify to file for AOS!

[belinda63 3,038]

If you are married to an LPR you do not have any legal right to remain in the US based upon that petition. You are considered out of status and are subject to deportation. Please read the two sources I linked in my prior post.

Also as the spouse of an LPR you must be in legal status when your priority date comes current if you wish to adjust status from within the US. You, as a spouse of an LPR, cannot adjust status from within the US if you have no status here.

[DariaG 0]

You have to be in legal status to adjust status in the US as a relative of an LPR. source bottom right of page one. source

However, if the LPR becomes a US citizen (USC), as long as the non-LPR spouse can prove they entered the country with inspection (i.e. I-94 card, stamp in passport), they can obtain LPR status even if they are out-of-status when applying to become and LPR!

It's from the source.

[belinda63 3,038]

Big IF IF they become a US citizen.......the OP is not a US citizen, your spouse is not a US citizen.......we are talking about an LPR petitioning for a spouse, US citizen is not in the mix. Please leave US citizen out of the equation, we are talking about an LPR.

The OP just received his green card so there is going to be a five year wait for him to become eligible to become a citizen.

Edited January 29, 2013 by belinda63

[FamGC 5]

Thanks. What if she applies for her GC through her employer? If her PERM is approved she will get one year H1B extension and if her I-140 is approved she is eligible for H1B extension for 3 years. Within that time, I hope her I-130 is approved and her PD becomes current. Correct me if I am wrong.

Thanks.