NEED SOME information about I485

[sameerkhi]

hi every one here , i got married in usa last month to LPR . i m on b2 visa n still have 4 months I 94 valid ..
question this that can i apply now I485 OR is there any way i can stay here with my wife ...
can i be able to get EAD and AP soon .. or i hve wait 5 years ..
plz advice me some thing what should i do ...
thanks..

[zoom123]

If the spouse of GC holder is outside USA then the spouse has to wait for several years to come to USA ( V visa might help if you file I-130 form before December 21 2000 and if it\'s pending for more than 3 years ).
However if the spouse is legally in USA then here is what USCIS says :

Usually, if a spouse is petitioning for you and you are currently in the United States through a lawful admission or parole, you may file a Form I-485, Application to Register Permanent Residence or to Adjust Status, at the same time your spouse files the I-130 petition on your behalf.

So you need to file I-130 form ( the petition to sponsor a LPR status for your spouse ) and at the same time your spouse files I-485 form however after I-130 gets approved your spouse will have to wait for 4-6 years to get an immigrant visa number.
Some lawyers say that all this time your spouse will have to maintain his/her Visa status in USA on his/her own and NO work permit will come out as a result of I-130/I-485 filling. Though it contradicts with what the guide for I-485 says : since you file this form you can get a work permit and you are legally in USA as a holder of I-485.
No need to maintain your Visa status on your own.

When your spouse gonna become citizen. If he is eligible to become citizen then apply and if possible extend your visa.