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Filed: Citizen (apr) Country: Argentina
Timeline
Posted

hi

no, unless he is here on a work or student visa, he cannot adjust status, since the petition takes close to 2 years

he will have his interview in his country, normally, spouses of LPR can't adjust status

he can visit but never overstay

Posted (edited)

Edited to say...

In theory yes, in practice no as the process takes so long so the spouse will be out of status.

Edited by JFH

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Filed: Timeline
Posted

I am a green card holder (LPR) and i want to sponsor my wife who is already in USA under B1/B2 visa. Can we file form I-485 adjustment of status for her alongwith I-130.

I-485 can only be filed concurrently with I-130 if the category is "current" right now (i.e. a visa number is immediately available). Spouses of permanent residents are in the F2A category, which is not "current" right now (there is a 1-2 year wait for visa numbers). Therefore, I-485 cannot be filed concurrently with I-130.

 
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