Would 30/60 USCIS rule apply to spouse of Green Card Holder?

[ramangupta60]

I am a GC holder and i got married in 2012 Dec. My wife accompanied me on Visitor visa and after few months i filed for her I-130. She went back to India in May 2013. Now her visa category (F2A) is current and she is back in the country (USA) on 13th July, 2013. Can i file her I-485 now or do i need to wait fro 60+ days to file it?

 

[Jackolantern]

Now her visa category (F2A) is current ...

No, it's not current until August 1st.

Spouses of green card holders don't get the leniency when it comes to filing for adjustment of status shortly after entering with a tourist visa. She'll have a high risk of problems if she files I-485 next month.

 

[ramangupta60]

Thanks for the reply Jackolantern. So, would i be able to apply after 60+ days of her being here and hoping the category still stays current. Also, her I-130 is still pending. Assuming F2A is still current, and I-130 is still pending approval, will i be able to file for her I-485?

No, it's not current until August 1st.

Spouses of green card holders don't get the leniency when it comes to filing for adjustment of status shortly after entering with a tourist visa. She'll have a high risk of problems if she files I-485 next month.