Can my non-immigrant Spouse stay legally in the USA while Filling I-130 & I-485?

[brandonchoy18 0]

Hello,

I hope to get some advice after doing constant research on immigration issue but couldn't seems to get an accurate answer, here is some of my background.

I am permanent resident/green card holder and my fiance visited me(2nd Time Visit) and enter the US legally with her Tourist Visa(6 Months Stay). We have been living apart for many years and got really tired. So while she was visiting me, we decide to get married.

Now that we got our Marriage certificate, the question is what should we do next? and will my spouse be allow to stay in the US legally once we start the filling procedures and paperwork? (P/S: I am still 20 months away to be qualify for a naturalization if anyone reading this article is wondering.)

Our Main Concern and Questions is:

​1.) Should we Concurrently Filed I-130 & I-485 together? and will she be able to stay legally in the US while waiting for petition to be approved?

2.) IF should we Filed I-130 separately, will she be allow to stay legally in the US while waiting the Visa Number Approval?

3.) IF Filling both I-130 & I-485 allowed her to stay legally, will she be able to travel internationally out of the US? and will she be able to apply for a work permit?

It would be a tremendous appreciate from both me and my spouse from anyone that truly understand our difficult situation and would share their common experience with us and advice. We thank you in advance for reading this and reaching out.

Sincerely,

BC & YL

[aleful 1,905]

hi

only spouses of USC can file concurrently, spouses of LPR have to wait up to 2 years for an interview and can't legally stay that amount of time, unless they came with a different type of visa, such as a student visa, or work visa. as long as they maintain legal status, they can adjust status when the time comes

your wife can stay in the US but she has to leave before the time given to her to stay expires. you can file the i130, while she is here. but she can't wait here for 2 years or a year and a half, her tourist visa will be canceled and she will accrue illegal presence

[Hypnos 6,578]

As stated, your wife isn't eligible to file an I-485 because a visa number isn't immediately available to her as the spouse of an LPR.

File the I-130 now, and expect it to take around 18 months for her priority date to become current. She cannot remain in the US past the date indicated on her I-94 because her overstay won't be forgiven as the spouse of an LPR.