FILLING

[mat_buky 3]

What are my option as a parmanent resident to file for my wife that is in the United States on F1 visa, can she adjust status in the states or she as to go back to home country and do consular process?.

[Coco8 1,039]

She can adjust in the US

[Mr Geminian 691]

She can file for I-485-Application to Register Permanent Residence or Adjust Status from within the US. There's no need for her to leave the country.

[aleful 1,905]

hi

 

it will depend on how long her student visa is valid

 

the spousal petition of a LPR can take up to 2 years, if she is still legally in the country with a valid student visa, she can adjust status at that time

 

not now, only spouses of USC don't have to wait to adjust status

[mat_buky 3]

7 hours ago, aleful said:

hi

 

it will depend on how long her student visa is valid

 

the spousal petition of a LPR can take up to 2 years, if she is still legally in the country with a valid student visa, she can adjust status at that time

 

not now, only spouses of USC don't have to wait to adjust status

So Am I suppose to file for her concurrently?both i130 and i485?

[mat_buky 3]

8 hours ago, Aviinashh M said:

She can file for I-485-Application to Register Permanent Residence or Adjust Status from within the US. There's no need for her to leave the country.

So am I suppose to file concurrently? Both I 130 and i485?

[aleful 1,905]

no, you can't

 

for now, the i130 and 130A, and if in 2 years she still has a valid visa and still is studying, she can file adjustment of status, but she can't stay illegally in the country

 

she must be legal at all times

[geowrian 22,335]

19 hours ago, Coco8 said:

She can adjust in the US

18 hours ago, Aviinashh M said:

She can file for I-485-Application to Register Permanent Residence or Adjust Status from within the US. There's no need for her to leave the country.

As @aleful noted above, overstay is not ignored for AOS as the spouse of an LPR. So she can adjust status so long as 1) she maintains legal status, and 2) the I-130's PD is current. Concurrent filing of the I-130 + I-485 is not possible for LPRs (since they need a current PD from the I-130 to AOS).

Edit: The above comments aren't wrong...I just wanted to add clarification of restrictions involved.

 

@OP

How & when did you gain LPR status?

 

Also note that your wife cannot leave the US and re-enter with the intent to AOS. At POE, her intent must be to return home.

Edited September 24, 2017 by geowrian