Spouse has B1/B2, should we file I-130 or I-485?

[hardikorama]

Hello,

Sorry for starting a new thread as I felt my question was a specific one. I am a permanent resident of the US staying here since July 2011. My wife is currently in India but has a B1/B2 category visa as she needs to travel to the states for work. We are planning to apply for her greencard and were wondering what form we should file I-130 or I-485? Also, will she be able to travel to the US on her current visa after filing? I also wanted to get an estimate of the approximate waiting period for processing the green card.

[rayb]

File an I-130 first. Since she would be eligible only for a quota-based visa, you cannot file the I-485 until her Priority Date is current.

Once an I-130 has been submitted, an "intent to immigrate" has been expressed and this could be a basis for cancellation of her visitor visa (but not always).

--Ray B

Hello,

Sorry for starting a new thread as I felt my question was a specific one. I am a permanent resident of the US staying here since July 2011. My wife is currently in India but has a B1/B2 category visa as she needs to travel to the states for work. We are planning to apply for her greencard and were wondering what form we should file I-130 or I-485? Also, will she be able to travel to the US on her current visa after filing? I also wanted to get an estimate of the approximate waiting period for processing the green card.

[hardikorama]

File an I-130 first. Since she would be eligible only for a quota-based visa, you cannot file the I-485 until her Priority Date is current.

Once an I-130 has been submitted, an "intent to immigrate" has been expressed and this could be a basis for cancellation of her visitor visa (but not always).

--Ray B

Thank you for the response. Under what conditions could her visitor/business visa be cancelled? The company she works for has projects in the US and so she would not want that to happen. Also, are you aware of the waiting period for this quota-based visa? Thank you for all your help.

[rayb]

Cancellation of her B1/B2 is not a 'given," but could happen since she is continuing to use the visa and could easily decide to stay in the U.S. since she already has an immigrant visa in process.

The wait for a spousal priority date to be reachable only only a few months 3-6 these days.

--Ray B

Thank you for the response. Under what conditions could her visitor/business visa be cancelled? The company she works for has projects in the US and so she would not want that to happen. Also, are you aware of the waiting period for this quota-based visa? Thank you for all your help.