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Can my wife apply for I-130

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  • Can my wife apply for I-130

    hi,
    is any one help me with my question, that
    i m GC holder and i applied for citizenship my case is still pending, but my wife have B1 B2 visa and she can come and stay 6 months in USA, but there is any possibilty that i can file her I-130 and I-485 for change of status so she can stay with me, so any one can help me with this question.
    thanks

  • #2
    Since you already applied for your citizenship, just be patient to wait for you to become citizen. once you are USC, you can file I-130 and I-485 at same time. even your wife's visa expires by that time, as long as you are USC and she came to the US legally, she can stay here and file I-485 with I-130 at the same time as well as EAD(employment authorizaiton document).
    Right now you're still a GC holder, you can only file I-130 for her. once her visa expires she has to go back her country to wait. 1-130 by a GC holder takes very long time to approve, beside your wife can't get work permit.

    Go to USCIS web site looking for instruction for I-485, you can find all the information you need.

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    • #3
      Apply right away....

      ... Apply right away as a GC. Once your citizenship gets approved, all you have to do is upgrade her petition and apply for adjustment of status. Even though there is no quota for spouses of citizenships, there are priority dates involved and applying ahead makes sure your application priority date is now and not 3-4 months from now (when ur citizenship gets approved) or later. When you upgrade the petition, they will use the same date that the original application was sent. Absolutely no advantage in waiting.

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