Spouse(8years married w/kids) currently in US under B2 visa

[friscoflip 4]

Good Day Everyone,

 

Me and my family just flew back to the US, Me and our 2 kids are all US Citizens, except for my wife who is on a Tourist Visa.  What would be our first step to have her status changed eventually to a Permanent Resident? Is it to file an I-130 even though she's here in the US already? Or directly file I-485? Thank you in advance!

[Adventine 3,201]

***Moved to the forum Adjustment of Status from Work, Student and Tourist Visas, as OP's wife is adjusting from a tourist visa***

 

You will file I-130 together with I-485.

Note that I-485 requires I-864 as supporting documentation.

 

You can also choose to file I-131 and I-765 so your wife can work and travel internationally while you wait for the green card to be approved.

 

Search this forum for examples of others in similar situations.

 

Good luck!

[SteveInBostonI130 3,467]

1 hour ago, friscoflip said:

Good Day Everyone,

 

Me and my family just flew back to the US, Me and our 2 kids are all US Citizens, except for my wife who is on a Tourist Visa.  What would be our first step to have her status changed eventually to a Permanent Resident? Is it to file an I-130 even though she's here in the US already? Or directly file I-485? Thank you in advance!

 

What was the intent of this trip to the US?  Was it to visit or to live here permanently?

 

If the latter, what did you or your wife state to CBP when asked the purpose of the visit?

[friscoflip 4]

1 hour ago, Adventine said:

***Moved to the forum Adjustment of Status from Work, Student and Tourist Visas, as OP's wife is adjusting from a tourist visa***

 

You will file I-130 together with I-485.

Note that I-485 requires I-864 as supporting documentation.

 

You can also choose to file I-131 and I-765 so your wife can work and travel internationally while you wait for the green card to be approved.

 

Search this forum for examples of others in similar situations.

 

Good luck!

Thanks for putting it on the right forum, appreciate it.  Will definitely look through the 3 initial forms you stated. Thanks again!

[friscoflip 4]

10 minutes ago, SteveInBostonI130 said:

 

What was the intent of this trip to the US?  Was it to visit or to live here permanently?

 

If the latter, what did you or your wife state to CBP when asked the purpose of the visit?

I'm a pilot based in the PH, as a family we visit the US at least once or twice a year, except for last year. So no questions asked when we arrived, just a "Welcome Back" gesture by the IO. I always book our tickets good for at least a couple of mos.

 

[nastra30 2,288]

• Your wife can adjust her status to LPR by filing form I-130 concurrently with form I-485.
• If she wants to be able to travel outside the US while the case is pending, she can also file form I-131, advance parole, at the same time (or later). Note that she shouldn't try to leave the country without the approved form I-131. 
• If she also wants to be able to work while the case is pending, she can also file form I-765 for EAD card at the same time (or later).

 

[SteveInBostonI130 3,467]

21 hours ago, friscoflip said:

I'm a pilot based in the PH, as a family we visit the US at least once or twice a year, except for last year. So no questions asked when we arrived, just a "Welcome Back" gesture by the IO. I always book our tickets good for at least a couple of mos.

 

 

As others have stated, I-130 and I-485, along with the required documents for each.  Your choice in submitting the I-130 first online and wait for the receipt number, or submit all at the same time.  There is a part on the I-130 where it asks if you will be found consular processing or adjusting status - select the latter.

 

The I-485 may take up to 2 yrs for approval.  Your wife cannot leave the US until it is approved and cannot work nor get a SSN, unless she applies for AP and EAD, respectively.

 

I-765 ( EAD) and I-131 (AP) takes 6-9 months.

 

 

[friscoflip 4]

On 7/31/2021 at 8:37 PM, SteveInBostonI130 said:

 

As others have stated, I-130 and I-485, along with the required documents for each.  Your choice in submitting the I-130 first online and wait for the receipt number, or submit all at the same time.  There is a part on the I-130 where it asks if you will be found consular processing or adjusting status - select the latter.

 

The I-485 may take up to 2 yrs for approval.  Your wife cannot leave the US until it is approved and cannot work nor get a SSN, unless she applies for AP and EAD, respectively.

 

I-765 ( EAD) and I-131 (AP) takes 6-9 months.

 

 

Thank you so much for the additional info. Yes, would definitely add the I-765 if the timeline for the I-485 will take 2 years at least.  Is it because of the pandemic? Because before it only took 6mos for I-485 including the interview and 3-4mos for the I-765. 

Edited August 2, 2021 by friscoflip

[Adventine 3,201]

2 minutes ago, friscoflip said:

Thank you so much for the additional info. Yes, would definitely add the I-765 if the timeline for the I-485 will take 2 years at least.  Is it because of the pandemic? Because before it only took 6mos for I-485 including the interview and 3-4mos for the I-765. 

 

Based on your username I'm going to assume you're in San Francisco. Here are the published processing times. The pandemic definitely slowed things down, but some field offices are definitely more backlogged than others.

 

Note that if you move, your field office may change. USCIS may also choose to randomly move your I-765 to a different service center:

 

Source: https://egov.uscis.gov/processing-times/

I-485 (Family-based adjustment applications) at SF field office: Estimated time range: 12.5 Months to 31.5 Months
I-765 (Based on a pending I-485 adjustment application [(c)(9)]) at National Benefits Center: 8.5 Months to 9.5 Months

 

[friscoflip 4]

43 minutes ago, Adventine said:

 

Based on your username I'm going to assume you're in San Francisco. Here are the published processing times. The pandemic definitely slowed things down, but some field offices are definitely more backlogged than others.

 

Note that if you move, your field office may change. USCIS may also choose to randomly move your I-765 to a different service center:

 

Source: https://egov.uscis.gov/processing-times/

I-485 (Family-based adjustment applications) at SF field office: Estimated time range: 12.5 Months to 31.5 Months
I-765 (Based on a pending I-485 adjustment application [(c)(9)]) at National Benefits Center: 8.5 Months to 9.5 Months

 

Thanks for the timeline updates. I used to live in SF, but residing permanently here in Las Vegas.