CHANGING STATUS

[bolu 0]

HI,

I am a green card holder and my wife has a b2 visa, currently she is in the US with me and i want to start filing for her, this is my question

since i cant file the for i-130 and i-485 concurrently how long will it take to get a response from the i-130 since it will be attached with i-94  before she can change status cos i dont want her to be residence as soon as possible 

[Ben&Zian 4,398]

 

 

http://www.alllaw.com/articles/nolo/us-immigration/can-green-card-holder-get-visa-for-spouse.html#

http://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter12-1.html

 

Edited February 18, 2017 by Ben&Zian

[bolu 0]

Thanks ben&zian that why i need to know if the response can be as fast as 6 months so it will cover the period she is here or could do an extension for her stay

[Transborderwife 4,666]

Disregard...missed that you weren't a usc

Edited February 18, 2017 by Transborderwife

[Suss&Camm 2,213]

9 minutes ago, bolu said:

Thanks ben&zian that why i need to know if the response can be as fast as 6 months so it will cover the period she is here or could do an extension for her stay

I believe since you are not a USC, a visa does not become immediately available to your spouse. Even if the petition would be approved that fast, she couldn't file for i-485 until her priority date becomes current. Someone correct me if I'm wrong. During that time she would go into illegal overstay, which is not forgiven for spouses of LPR's, afaik.

 

edit, maybe she could file.. but not be approved..

Edited February 18, 2017 by Suss&Camm

[bolu 0]

Thanks Susan so an idea how long this response will take for the i-130

[Suss&Camm 2,213]

4 minutes ago, bolu said:

Thanks Susan so an idea how long this response will take for the i-130

Visa journey processing times for i-130 is currently showing that USCIS are processing applications between July-September of 2016, depending on service center.

[Ben&Zian 4,398]

5 minutes ago, bolu said:

Thanks Susan so an idea how long this response will take for the i-130

 

I edited my original post also as I had puit she could not stay past her allotted time; but both links say differently.

 

Honestly don't know if she would be able to stay that long. It's totally different with LPR's then USC's. You may be able to get an extension; but maybe not.

[aleful 1,905]

there is no way that she can stay, the process can take up to 2 years since you are only a resident

 

your wife won't have enough time, not even if she got an extension, since the process will take over a year

 

the i130 can take 5 or more months to be approved, then it will be sent to the NVC, when it will sit for months until close to the priority date

 

so she must return to her country, she shouldn't stay too long

[Penguin_ie 5,994]

***** Moving from K1 fiance visa to Bringing Family of greencard holders, as Ip is not a US citizen *****

[aleful 1,905]

hi

 

it is considered fraud to enter the country and adjust status on a tourist visa, you should start filing for a GC, the process will take a year if your country doesn't have direct consular filing

 

 

[KierenHby 899]

21 hours ago, bolu said:

HI,

I am a green card holder and my wife has a b2 visa, currently she is in the US with me and i want to start filing for her, this is my question

since i cant file the for i-130 and i-485 concurrently how long will it take to get a response from the i-130 since it will be attached with i-94  before she can change status cos i dont want her to be residence as soon as possible 

Have you previously filed a i130 petition soon after you married her? How long have you been married? 

[Suss&Camm 2,213]

2 hours ago, aleful said:

hi

 

it is considered fraud to enter the country and adjust status on a tourist visa, you should start filing for a GC, the process will take a year if your country doesn't have direct consular filing

 

 

t's only fraud if the intent was to do it to begin with and that was assessed at the border. She was let in so no intent was found. The issue will be staying while waiting for PD.