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I 130 clarification- sponsoring spouse for Greencard holder

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  • I 130 clarification- sponsoring spouse for Greencard holder

    The following is from the BCIS website:
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    Once USCIS receives your visa petition, I-130, Petition for Alien Relative, it will be approved or denied. USCIS will notify the person who filed the visa petition if the visa petition is approved. USCIS will then send the approved visa petition to the Department of State's National Visa Center, where it will remain until an immigrant visa number is available.

    My question, I am a freshman on this topic..

    Are there two steps in sponsoring a spouse:
    1. I130 is approved by BCIS and takes a few months
    2. Second step - Sent to National Visa Center - takes a long time (this is where it takes the longest time)

    Secondly, suppose a spouse is already in the US. Can they apply for 485/EAD after I130 application or approval. Once they get their EAD they are all set, can work etc.

    One of my good friend swears he has seen someone do this. Can someone throw some light...

    Thanks
    Kumar

  • #2
    Re: I 130 clarification- sponsoring spouse for Greencard hol

    > Are there two steps in sponsoring a spouse:
    > 1. I130 is approved by BCIS and takes a few months
    > 2. Second step - Sent to National Visa Center - takes a long time (this is where it takes the longest time)

    Actually, step 2 only takes long because there is a quota for spouses of PRs. The NVC just keeps the file until the Priority Date becomes current (i.e., a visa number becomes available.) That currently takes 5+ years.

    > Secondly, suppose a spouse is already in the US. Can they apply for 485/EAD after I130 application or approval. Once they get their EAD they are all set, can work etc.

    Only once an I-485 is filed. And that can only be done once a visa number is available, i.e., after 5+ years. During this time, the spouse would have to maintain legal status on his or her own.

    > One of my good friend swears he has seen someone do this.

    If the sponsor is a US citizen, there is no quota, so the I-130 and I-485, and EAD can be filed together in such a case.
    But that doesn't work for spouses of PRs.

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