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Posted

Hello,

I am a Lawful Permanent Resident (Green Card Holder) living in the USA, and my 64-year-old wife is currently in the U.S. on a B2 visa. She is from Pakistan and has no one back home to take care of her. She has diabetes, recurrent UTIs, and other age-related health issues, making it extremely difficult for her to live alone if she has to return.

I was advised to file Form I-130 (Petition for Alien Relative) and Form I-485 (Application to Adjust Status) together to apply for her Green Card so she can stay here with us. However, I am unsure if this is possible since I am not yet a U.S. citizen—I will be eligible for citizenship in May 2026.

My questions:

  1. Can I apply for adjustment of status (I-485) while my wife is on a B2 visa, or does she have to leave and apply through consular processing?
  2. Given her age and medical condition, is there any humanitarian or special consideration that would allow her to adjust status without leaving?
  3. If I must wait until I become a U.S. citizen, is there any way she can legally stay in the U.S. until then without violating her visa terms?

I would really appreciate any guidance or advice from those who have been through a similar situation. Thank you!

Filed: K-1 Visa Country: Wales
Timeline
Posted

She has to be in status and her PD current to file to adjust.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted
5 hours ago, Amir005280 said:

Hello,

I am a Lawful Permanent Resident (Green Card Holder) living in the USA, and my 64-year-old wife is currently in the U.S. on a B2 visa. She is from Pakistan and has no one back home to take care of her. She has diabetes, recurrent UTIs, and other age-related health issues, making it extremely difficult for her to live alone if she has to return.

I was advised to file Form I-130 (Petition for Alien Relative) and Form I-485 (Application to Adjust Status) together to apply for her Green Card so she can stay here with us. However, I am unsure if this is possible since I am not yet a U.S. citizen—I will be eligible for citizenship in May 2026.

My questions:

  1. Can I apply for adjustment of status (I-485) while my wife is on a B2 visa, or does she have to leave and apply through consular processing?
  2. Given her age and medical condition, is there any humanitarian or special consideration that would allow her to adjust status without leaving?
  3. If I must wait until I become a U.S. citizen, is there any way she can legally stay in the U.S. until then without violating her visa terms?

I would really appreciate any guidance or advice from those who have been through a similar situation. Thank you!

How/when did you become a permanent resident?

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

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