I-130 Question

[jak.edz 0]

I am a LPR.

I have applied for I-130 for my wife after we got married while she was in the US on a B1/B2 Visa. We are still waiting for the Approval of I-130 and the problem is that her visa will expire in the next few months! Can she renew the visa while she is INSIDE the united states (Via I-539) ? If her renewal is not approved, would she still be able to get a green card after we apply to the AOS? What happens if she overstays? Isn't there a law that gives her exception to avoid separation of family?

Another question is, as an LPR, am i usually able to apply for I-130 and I-485 at the same time or while I-130 is processing?

[Pitaya 2,577]

~duplicate thread removed~

[B & G 200]

Unfortunately if you are a LPR, AOS is not available to you. Have you checked what your priority date is and what priority date they are processing at the moment?

LPR I-130 petitions don't get fully process until your priority date becomes current. Which could be a couple of years.

If your wife's visa renewal isn't approved, she will have to return home and wait out the process.

[jak.edz 0]

Unfortunately if you are a LPR, AOS is not available to you. Have you checked what your priority date is and what priority date they are processing at the moment?

LPR I-130 petitions don't get fully process until your priority date becomes current. Which could be a couple of years.

If your wife's visa renewal isn't approved, she will have to return home and wait out the process.

Thanx for ur reply.

What i read is that, after she gets the I-130 approval , she can apply to the I-485 (isn't it the same as AOS?). What if she doesn't leave and overstays? will that deprive her from the right to apply for I-485 even if her I-130 was approved? If anyone has a professional credible answer please provide me with it.

Edited August 18, 2014 by jak.edz

[B & G 200]

Thanx for ur reply.

What i read is that, after she gets the I-130 approval , she can apply to the I-485 (isn't it the same as AOS?). What if she doesn't leave and overstays? will that deprive her from the right to apply for I-485 even if her I-130 was approved? If anyone has a professional credible answer please provide me with it.

I did provide you with a credible answer. The I-485 is for adjusting status in other words, AOS. But it is only available if the petitioner is a US citizen. The spouse of a legal permanent resident is not eligible to adjust status within the US.

[jak.edz 0]

I did provide you with a credible answer. The I-485 is for adjusting status in other words, AOS. But it is only available if the petitioner is a US citizen. The spouse of a legal permanent resident is not eligible to adjust status within the US.

So you are basically saying that the spouse of a LPR can never get a Green Card, which is not true, unless the application number (I-485) is a different one for LPR.

Edited August 18, 2014 by jak.edz

[B & G 200]

So you are basically saying that the spouse of a LPR can never get a Green Card, which is not true, unless the application number (I-485) is a different one for LPR.

I never said that a spouse of a LPR can't get a green card. I said that they can't adjust status within the US!

You have to file for a CR1 visa and the wait for a LPR filing for it can be up to 5 years.

http://www.visajourney.com/content/compare#ircr1 click on the link and scroll down to IR1/CR1 and read it. Especially the Note: down the bottom.

Here is what it says.

Technically, a US Legal Permanent Resident can apply for this visa for their Non-US Citizen Spouse however the waiting time is up to five years. They can file and wait for a visa number to become available (again up to five years) or wait until they themselves become a US Citizen -- whichever comes first will allow the visa process to move forward immediately.

Again, your wife is not eligible to adjust status within the US. And highly unlikely that her tourist visa will be renewed over and over till your priority date becomes current.

You only have one option, for your wife to return home and wait till you either become a US citizen, which means your petition is then fast tracked or wait till your priority date becomes current and a visa is available for your wife.

Edited August 18, 2014 by B & G