AOS when spouse has green card

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:
1) 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.

2)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?

Sorry to have posted this query in this forum, your advice will be highly appreciated.

thanks
 
Originally posted by arpeeta
2)But since she has multiple entry visa to the US - she can join him here and then he can immediately apply for AOS, correct?
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No. She can only apply for AOS when her I-130 is approved and her priority date is current, which will take several years. Once the I-130 is filed, she cannot enter the US in any status except H and L. One her I-130 is approved and pending for 3 years, she can apply for a K-2 visa to enter the US.
 
AOS = Adjustment of status petition filing IN US, you can file this when you are in US
One needs to file Form I-485 with BCIS with medicals, Fees, base of I-485, photographs, birth certificates and other documents.
Once the person filed I-485 and gets the receipt of I-485 from BCIS he/she is legal status in US and that status is adjustment of status pending or AOS pending
AOS or form I-485 filling is NOT GC, if I-485 is approved after 18-24 months then you get the actual GC, I-485 is just petition to adjust status from other nonimmigrant status to permanent resident it depends on many factors if that will be approved or not. Every case is different
 
Once the I-485 is approved you go to local BCIS office wit approval notice and they stamp your passport with temporary GC and actual GC card is mailed later.



At this time from the filing date of I-485 many are waiting for more than 2 years to get I-485 approved. Every service center has backlog of I-485 approvals at this time.
 
temperary GC

is a temperary GC card? I thought just a stamp on passport which enble individual a GC status. The card is just a process.
 
is a temporary GC card?
--- it is Stamp in your passport that you have been approved for US GC you can travel with this stamp as GC holder and can work as GC holder

I thought just a stamp on passport which enable individual a GC status.
--- You are correct
The card is just a process.
---- true, the GC card is mailed later
 
I still didn't get it. Suppose you have greencard, your future wife comes here on B-2 and you get married here. Can she stay and file the case (even though it may take years)?
 
No she cannot. Moreover It will be fraud having immigrant intent and requesting non- immigrant visa.
 
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