Immediate visa for spouse

[jrcable18]

Greetings everyone,

I had a question in regards to a Visa for my wife. We have already filed our forms to move forward with the immigration process for her to obtain a Greencard. However, when I was doing all of my research I kept seeing literature that stated that a "visa would be readily available to her" due to the fact that she is my spouse. However, we received her EAD and a few other forms from USCIS and they all state that they are not proof of any visa or immigration status. Her B2 visa is valid but the date for her exit on I94 has passed as we are waiting for an interview for her to adjust status. My question is: Does she have a legal right to be here or is she technically here illegaly even though she is authorized to work here? We do not have any physical forms showing that she has any kind of visa extension to be here while we wait out the process. Thank you all for your help.

Regards,
John

[newacct]

Greetings everyone,

I had a question in regards to a Visa for my wife. We have already filed our forms to move forward with the immigration process for her to obtain a Greencard. However, when I was doing all of my research I kept seeing literature that stated that a "visa would be readily available to her" due to the fact that she is my spouse. However, we received her EAD and a few other forms from USCIS and they all state that they are not proof of any visa or immigration status. Her B2 visa is valid but the date for her exit on I94 has passed as we are waiting for an interview for her to adjust status. My question is: Does she have a legal right to be here or is she technically here illegaly even though she is authorized to work here? We do not have any physical forms showing that she has any kind of visa extension to be here while we wait out the process. Thank you all for your help.

Regards,
John

She can stay in the US because she has a pending I-485.

[miiki]

"Immediate" doesn't mean that she'll get it right away. It just means that her priority date is automatically current and she can file for adjustment of status right away (concurrently). People in different categories, like spouses of green card holders, must submit I-130, wait until their priority date is current (can take months to decades), then they can file for adjustment of status.

The adjustment will take months (sometimes years) to process. They give you work authorization and advanced parole allowing you to live fairly normally while you wait, but that does not mean the green card will be approved.