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Filing I-130 for spouse
- Thread starter dbalu
- Start date
Yes, there is a major difference.
1) If a 130 is filed outside the US, your wife will not be able to travel to the US until the 130 is approved (takes usually 9-12 mos). She would get her GC after the 130 approval.
2) If you file the 130 for her in the US, she can't continue to stay here unless she has a valid visa (H1, F1, etc.). However, she would also need to file her I485 to change her immig status to GC. In that case, she would be eligible to live in the US (without having a valid visa) until her 130/485 apps are approved by BCIS. Further, during the GC process if she needs to travel overseas, she will also need an approved for AP (I-131) before leaving the US.
1) If a 130 is filed outside the US, your wife will not be able to travel to the US until the 130 is approved (takes usually 9-12 mos). She would get her GC after the 130 approval.
2) If you file the 130 for her in the US, she can't continue to stay here unless she has a valid visa (H1, F1, etc.). However, she would also need to file her I485 to change her immig status to GC. In that case, she would be eligible to live in the US (without having a valid visa) until her 130/485 apps are approved by BCIS. Further, during the GC process if she needs to travel overseas, she will also need an approved for AP (I-131) before leaving the US.
I don't know much about the rules for sponsorship by GC holders, but I believe she will need a valid visa to continue living in the US after the 130 is filed. If the 130 is filed overseas, I don't think she can revisit the US until the 130 is approved (unless she has a valid visa).......again, I'm not sure about this.