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dmoose

can spouse stay in USA indefinitely while waiting for I-130 and I-485 approval?

By dmoose in Adjustment of Status from Work, Student, & Tourist Visas

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dmoose Newbie

dmoose   0

Posted
Filed: Timeline
Posted

Hi, my girlfriend is in the US under the visa waiver program which allows her to stay for 90 days. she entered with the intent to take the CPA exam (and has proof document) and for touring.

I read the visajourney.com guide http://www.visajourney.com/content/i130guide2 which was extremely helpful, and below was my remaining question.

If we marry now and file the I-130 (Petition for Alien Relative) and I-485 (Application to Register Permanent Residence or Adjust Status) forms, can she wait in the US indefinitely while waiting for green card? Is it possible to link an authoritative source for the answer to be sure?

Thank you very much for your help!

stevie b Proficient

stevie b   141

Posted
Filed: IR-1/CR-1 Visa Country: Fiji
 Timeline
Posted (edited)

yes she can stay but if she leaves before approval, that creates an issue

there are guides for this on the site.. check the tabs

Edited by stevie b


8/16/2012 I-129F NOA1
11/8/2012 Married
1/3/2013 I-129F cancelled
1/29/2013 withdrawal notice received
2/5/2013 I-130 NOA1 with error on wife's name
Case status not available
2/5/2013 Unable to generate service request

3/13/2013 transferred to local office
3/26/2013 Service request generated
4/12/2013 Infopass, file in workflow March 28
4/19/2013 Case status available - APPROVED!

Detour to the NVC via NRC

For information on my detour and the steps I took to free my petition, check
"about me"

NVC

6/7/2013 NVC logs file as received

6/11/2013 Case number and IIN assigned

6/12/2013 DS-3032 emailed

6/13/21013 AOS paid

6/14/2013 DS-3032 emailed attention superuser (stupid me)

6/23/2013 DS-3032 emailed attention supervisor

6/24/2013 DS-3032 accepted

6/25/2013 IV bill generated and paid

07/06/2013 IV & AOS sent; 07/11/2013 NVC logs received

07/30/2013 IV Accepted; AOS Checklist

08/01/2013 AOS Checklist received

08/02/2013 AOS resent; 08/07/2013 NVC logs received

08/28/2013 Case Complete

09/10/2013 Interview date assigned

Embassy

08/14/2013 Medical; 08/19/2013 Medical Ready

08/07/2013 Police cert ordered (Fiji delivers straight to the embassy)

10/02/2013 Interview

xx/xx/2013 Visa in Hand

xx/xx/2013 POE Los Angeles International Airport

Ontarkie Grand Master

Ontarkie   14,507

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

~~~~Thread moved to Adjustment of Status from Work, Student, & Tourist Visas, from IR-1 / CR-1 Spouse Visa Process & Procedures - As they are both in the US and looking into AOS~~~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

Xanax Proficient

Xanax   349

Posted
Filed: AOS (apr) Country: Australia
 Timeline
Posted

Hi, my girlfriend is in the US under the visa waiver program which allows her to stay for 90 days. she entered with the intent to take the CPA exam (and has proof document) and for touring.

I read the visajourney.com guide http://www.visajourney.com/content/i130guide2 which was extremely helpful, and below was my remaining question.

If we marry now and file the I-130 (Petition for Alien Relative) and I-485 (Application to Register Permanent Residence or Adjust Status) forms, can she wait in the US indefinitely while waiting for green card? Is it possible to link an authoritative source for the answer to be sure?

Thank you very much for your help!

Yes she can stay, once you have file AOS she enters a period of authorized stay in the country. She cannot do much really though while she waits (generally can't get a drivers license or work , etc).

We became a couple : 2011-05-29
I visited him : 2011-10-28 - 2011-11-17
He visited me (and my crazy family) : 2012-02-05 - 2012-02-17
I-129F Sent : 2012-02-05
I-129F NOA1 : 2012-02-14
I entered on VWP to stay 3 months: 2012-04-11 - 2012-07-03
---
Went to get my medical done for interview in Australia (much cheaper in the US and I was already here):2012-05-20
Medical issue diagnosed
K-1 petition cancellation request sent to CSC : 2012-06-01
Married: 2012-06-21
Filed for AOS : 2012-08-08
NOA1 : 2012-08-10
Biometrics : 2012-09-14
EAD approved : 2012-10-16
Applied for SSN : 2012-11-01
Received SSN : 2012-11-13
Received interview notice :2012-12-27
Interview- APPROVED :2013-01-28
Green card received :2013-02-04
Baby girl born :2013-03-09

Filed for ROC :2014-12-05
NOA :2014-12-11
Biometrics : 2015-01-15

ROC Approval : 2015-05-14

ValerieA Experienced

ValerieA   350

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

It's not if she can - it's that she MUST. Once AOS is filed, the foreign spouse must remain in the US until either the AP or green card is received, or the process will be deemed to have been abandoned and you will have to start all over again with a CR-1.

Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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