AOS when spouse has GC

A

arpeeta

New Member
Gurus need some help/advice:

My sister's marriage is closed to being fixed with a guy who is a US green card holder. My sister has multiple entry visit visa to come to the us (she has been here couple of times) - my question is: can her future husband apply for adjustment of status (I-485?) if she comes here? I know that it can be applied when she is in India. But that would mean it will take a few years for her to join him. But since she has multiple entry visa to the US - she can join him here and then he can immediately apply for AOS, correct? If thats possible, then am I right in assuming she will have EAD/work permit as well as AP and hence will not need visa anymore?

thanks
 
That option is only valid when the spouse is a US citizen holder and I-130 comes under immediate relative and no visa number restrictions...

For I-485, you need a I-130. Since in your sisters case, she is not marrying a US citizen, she can come to US on the visiters visa but will have to maintain legal status on her own if she wants to stay beyond her visit.. Unless the I-130 is approved, she cannot be US using the I-130 or I-485. EAD and AP are all secondary..


This is normally referred as Green Card penalty.. Its bad but no choice...

goodluck
 
Thanks for your responses..

I was under the impression that it would be easier to get AOS even if the spouse is a GC holder as long as the other person was able to come here on visit/other visa. But I guess thats not true and is only valid with persons who r US citizens :mad: !

Thanks anyway...
 
You must log in or register to reply here.
Top