Sponsoring Wife Green Card

[rocky123]

I met my fiance when she was on B2 visa. She lives with me, but every six months, she goes back home. My company is sponsoring my green card, which is towards the last step. We are planning to get married in March, and would like to apply for her green card and change of status together.
Does anyone have any suggestions regarding change of status from B2 to green card? Will we run into problems?Has anyone had luck with getting the B2 change? Is it fairly routine, or do people get denied on a regular basis ?
I would appreciate any advise.

[rayb]

if you have Green Card status, you can petition your wife with an I-130 package. But you cannot adjust her status until her Priority Date is current, which doesn't start ticking towards currency until the I-130 is approved.

--Ray B

I met my fiance when she was on B2 visa. She lives with me, but every six months, she goes back home. My company is sponsoring my green card, which is towards the last step. We are planning to get married in March, and would like to apply for her green card and change of status together.
Does anyone have any suggestions regarding change of status from B2 to green card? Will we run into problems?Has anyone had luck with getting the B2 change? Is it fairly routine, or do people get denied on a regular basis ?
I would appreciate any advise.

[rocky123]

if you have Green Card status, you can petition your wife with an I-130 package. But you cannot adjust her status until her Priority Date is current, which doesn't start ticking towards currency until the I-130 is approved.

--Ray B

Thank you Ray for your answer

I do not have my green card yet. My PERM has been approved. We are planning to file the I140 and I 485 as the priority date is current. If we were to apply for change of status for her from B2, what are our odds? Or do these get rejected most of the time?

[rayb]

A clarification about "Priority Date" is as follows:

"...Your priority date is the date when the Form I-130 is properly filed (with correct fee and signature) on your behalf by your U.S. permanent resident relative. ..."

In theory, since Priority Dates are more reachable these days for spouses of Green Card holders, the Priority Date for your wife might come up and be available while your I-130 is still being processed by USCIS.

--Ray B

if you have Green Card status, you can petition your wife with an I-130 package. But you cannot adjust her status until her Priority Date is current, which doesn't start ticking towards currency until the I-130 is approved.

--Ray B

[rayb]

Adjustment of Status applicatoins (not "change of status) are routinely approved from B2 visa status, so long as Priority Date is current and evidence of relationship is satisfactory.

--Ray B

Thank you Ray for your answer

I do not have my green card yet. My PERM has been approved. We are planning to file the I140 and I 485 as the priority date is current. If we were to apply for change of status for her from B2, what are our odds? Or do these get rejected most of the time?

[rocky123]

A clarification about "Priority Date" is as follows:

"...Your priority date is the date when the Form I-130 is properly filed (with correct fee and signature) on your behalf by your U.S. permanent resident relative. ..."

In theory, since Priority Dates are more reachable these days for spouses of Green Card holders, the Priority Date for your wife might come up and be available while your I-130 is still being processed by USCIS.

--Ray B

Thank you

[rocky123]

My Labor Certification has just been approved. I can apply for my I140 and I 485 concurrently. I am planning to get married with my fiancé (on B2) in the middle of March.
What would be the best way to file for her as my dependent?

[rayb]

If you are referring to "filing" an income tax return...your new wife will not be eligible to be claimed as a dependent spouse until you file your 2014 tax return in 2015.

--Ray B

My Labor Certification has just been approved. I can apply for my I140 and I 485 concurrently. I am planning to get married with my fiancé (on B2) in the middle of March.
What would be the best way to file for her as my dependent?

[rocky123]

If you are referring to "filing" an income tax return...your new wife will not be eligible to be claimed as a dependent spouse until you file your 2014 tax return in 2015.

--Ray B

Ray
I apologize for being vague.
I meant what would be the best way to apply her as a dependent on my Green card when applying for I140 and 485? Is there another additional process that needs to be done besides I140 and I485?
Or will her I130 be have to be approved first while my I140 and 485 is being processed?
Or does she apply for I130, and we both apply for I140 and 485 at the same time?
Thank you

[rayb]

I'm sorry, but I'm not familiar with the I-140 options and derivative eligibility for family members of I-140 users.

--Ray B

Ray
I apologize for being vague.
I meant what would be the best way to apply her as a dependent on my Green card when applying for I140 and 485? Is there another additional process that needs to be done besides I140 and I485?
Or will her I130 be have to be approved first while my I140 and 485 is being processed?
Or does she apply for I130, and we both apply for I140 and 485 at the same time?
Thank you

[rocky123]

I'm sorry, but I'm not familiar with the I-140 options and derivative eligibility for family members of I-140 users.

--Ray B

Ray

No problem
Thank you for your help