Immigration Status between F2A 130 and 485 gap

[switzerlino]

Hi,

I am a green card holder. I met a girl at work. She is visiting from China to our company for a 4-month long training program. She came on a B visa. Now she is 3 months in. We developed a relationship and are planning to get married. She is allowed to stay in the US for 6 months on her B visa. Assume we marry tomorrow, and file her 130 petition subsequently. But there is about 1 year gap between her 130 petition and 485 application for Chinese Nationals F2A. There will be about 9 month gap after her current B status expires and before she can turn in her 485 and become 485-pending status. What is her status during these months? How should we deal with it? Thanks.

[newacct]

Hi,

I am a green card holder. I met a girl at work. She is visiting from China to our company for a 4-month long training program. She came on a B visa. Now she is 3 months in. We developed a relationship and are planning to get married. She is allowed to stay in the US for 6 months on her B visa. Assume we marry tomorrow, and file her 130 petition subsequently. But there is about 1 year gap between her 130 petition and 485 application for Chinese Nationals F2A. There will be about 9 month gap after her current B status expires and before she can turn in her 485 and become 485-pending status. What is her status during these months? How should we deal with it? Thanks.

No, she will not have status during that time. And furthermore, in her category, she is not eligible for Adjustment of Status in the US if she has ever been out of status.

[switzerlino]

No, she will not have status during that time. And furthermore, in her category, she is not eligible for Adjustment of Status in the US if she has ever been out of status.

Hi, Thank you for your answer. She has not been out of status so far. She entered with B visa for a business visit 3 months ago. Her B visa granted her a 6-month stay. Hypothetically, if we get married and file her 130 petition now, what is her status after she files her 130 petition? Still on the B visa? Or already out of status? Thanks.

[newacct]

Hi, Thank you for your answer. She has not been out of status so far. She entered with B visa for a business visit 3 months ago. Her B visa granted her a 6-month stay. Hypothetically, if we get married and file her 130 petition now, what is her status after she files her 130 petition? Still on the B visa? Or already out of status? Thanks.

Filing an application does not affect her status. She continues to be on B2 status until the date she was admitted until on her I-94, unless she violates her status sooner. After that, she has no status.

[switzerlino]

Filing an application does not affect her status. She continues to be on B2 status until the date she was admitted until on her I-94, unless she violates her status sooner. After that, she has no status.

Thank you. That helps. So if we file 130 and do nothing else, she will become no status after a few months, and she will be on no status for several other months before she can file 485. In this case, would that several months of no status matter? If it does matter, what are the best approaches? Switch her to an F1 student for the time being? Thanks,

[newacct]

Thank you. That helps. So if we file 130 and do nothing else, she will become no status after a few months, and she will be on no status for several other months before she can file 485. In this case, would that several months of no status matter? If it does matter, what are the best approaches? Switch her to an F1 student for the time being? Thanks,

Yes, it matters. Like I said, she cannot do AOS in this category when out of status.