View Full Version : Quetsion about I 130 form staying in USA

07-15-2010, 06:13 PM
I am a green card holder here in the USA. I am thinking of marrying a girl from Canada in the USA. She is a Canadian GC holder. If we get married in the USA and i file her I 130 and I 485 at the same time can she stay in the USA until her I 130 from is approved(Visa is available).
If it is illegal to stay until her I 130 is approved will she have problem getting here Greencard.
I know the wait to get the I 130 is very long. I will also become a US citizen in less than 2 yrs then i can change her status to married to a citizen.
But will that matter she was illegal in the US all that time. Will be a problem getting her GC then also.


07-16-2010, 10:26 AM
While you are a green card holder, you cannnot file i-130 and i-485 together. first you will have to file a petiion for alien relative - i-130, and than when the priority date becomes current, you can file i-495 - Adjustment of status. Or if you become US citizen faster the PD is available - than you can file I-485.

Filing i-130 does not give any legal status to stay in the US, so if you wife wants to stay here and wait for PD to become available, she has to maintain her legal status (not sure about the Canadians, but for almost all other countries you have to have a visa to be here, like f1 or H1 for example).

Hope is helps.