Hi. Looking for advice for a friend. Thanks in advance for your help.

Woman enters on a B1 visa. She marries a man here that has a 10yr gc. (was petitioned by his sister) Can he file the I130 and she wait here for approval then do AOS? Her B1 expires in Feb (I don't know why they waited so long). She can't file the 539 to extend her B1 because she would no longer be a non-immig.

Is it necessary for her to return to her country and wait out the I130, or can she stay here? I have read so much my head is spinning.
Thanks,
Jackie

for the spouses of Permanent residents, there is NO immigrant visa number immediately available. That means, even though I-130 may be approved some time soon, no AOS can be done before the priority date (on NOA 1) becomes current (see Visa Bulettin). The wait is 4 - 5 years... In the meanwhile, the lady who entered on B1 visa has no legal status (no DL, no working permit...).

The second scenario is that the PR spouse applys for the citizenship and sponzors his wife as citizen. Even if he would be eligible for that now, it would still take some time to go through the process first... before taking care of wife's status.

... I am sure others will mention "intent to immigrate"..

Thank you for responding. Can he file I130 and her wait here for approval? Or do you think she has to leave in February?

Jackie

yes, he can (should) file I-130. However, that wan't change wife's status: after Feb X, she'll be overstaying (illegal). Legaly, she has to leave by the date on her I-94 (I am guessing that's what you were talking about, it doesn't matter when B1 visa expires).

And I imagine that staying 'illegal' would be bad when they filied at AOS. Well, it's not looking good for them. I was hoping to hear that if they filed I130 before her expiration, she could stay while waiting.

Jackie

I think it would be easier if he was a US citizen. I have a friend who overstayed her student status for a month or two and she married her fiance who was a US citizen. They filed for AOS and didn't have any problem getting it approved.

A USC does not have to wait for a visa number, a USC does.

About 6 years.

Cant adjust status in the US. Will have to go back to home country and wait for visa number or for the husband to become USC.