I-130 approved , but notice says cannot adjust status within the US

[Desi4ever]

Both me and my wife are citizens of India.

I'm a LPR since Oct 2004 and I got married after I got my green card. My wife had a US visitor visa ( B2 ) before we married and entered USA on B2 in April 2005.

I applied for her I-130 in July 2005.

She then got her H1-B approved in Oct 2005. She has not left the country ever since. She does not have a H1-B stamp yet on her passport.
Her I-94 is valid till June 2009.

She is not working since November 2007 (ever since she had a baby) and does not have paystubs since then.


I just got a I-130 approval notice with a priority date of July 14,2005. The approval notice says that she cannot do an adjustment of status.

I'm eligible to apply for US citizenship sometime in July 2009 and upgrade her I-130 possibly in Jan 2010.


Now that she is out of status on her H1-B AND that her I-130 approval states she cannot do an adjustment of status , will she never be able to get a green card in the family category from within the US?

If she leaves the country and tries consular processing what are the chances of her being issued an immigrant visa ?



Thanks and regards,
Desi4ever

 

[TheRealCanadian]

Now that she is out of status on her H1-B AND that her I-130 approval states she cannot do an adjustment of status , will she never be able to get a green card in the family category from within the US?

That is correct. She will never be able to adjust status in an FB category. However, once you become a citizen, she can adjust status as an Immediate Relative.

 

[Desi4ever]

Thanks.

So when I become a citizen and upgrade her I-130 she can do an adjust of status ? In other words if I become a citizen and do all the necessary paper work she should get a green card without any hassles ?


Regards,
Desi4ever

 

[TheRealCanadian]

So when I become a citizen and upgrade her I-130 she can do an adjust of status ? In other words if I become a citizen and do all the necessary paper work she should get a green card without any hassles ?

She should, provided she's not deported before then.

 

[thankful]

Thanks.

So when I become a citizen and upgrade her I-130 she can do an adjust of status ? In other words if I become a citizen and do all the necessary paper work she should get a green card without any hassles ?


Regards,
Desi4ever

correct--a spouse of a citizen can adjust even if she was out of status as long as she entered the country legally.

I would not say without "hassles." Every immigration story has its share of turns and twists. But yes she will be eligible to submit an I-485.

 

[thankful]

Both me and my wife are citizens of India.

I'm a LPR since Oct 2004 and I got married after I got my green card. My wife had a US visitor visa ( B2 ) before we married and entered USA on B2 in April 2005.

I applied for her I-130 in July 2005.

She then got her H1-B approved in Oct 2005. She has not left the country ever since. She does not have a H1-B stamp yet on her passport.
Her I-94 is valid till June 2009.

She is not working since November 2007 (ever since she had a baby) and does not have paystubs since then.

Unless Congress changes the law she cannot adjust as the spouse of a LPR.
I just got a I-130 approval notice with a priority date of July 14,2005. The approval notice says that she cannot do an adjustment of status.

I'm eligible to apply for US citizenship sometime in July 2009 and upgrade her I-130 possibly in Jan 2010.


Now that she is out of status on her H1-B AND that her I-130 approval states she cannot do an adjustment of status , will she never be able to get a green card in the family category from within the US?

If she leaves the country and tries consular processing what are the chances of her being issued an immigrant visa ?



Thanks and regards,
Desi4ever

Unless Congress changes the law she cannot adjust as the spouse of a LPR.

And if she leaves the country for consular processing, she will not be allowed to come back for ten years.