join in spouse's adjustment

M

makaka

New Member
My wife won a DV lottery and we moved to California
from New Orleans. Since the transfer the local INS had
still not called her for Adjustment Of Status
interview even after the change of address notification.
When we visited the local INS office they
told her it hasn't been 3yrs yet so why worry. I am on
H1B and would like to file for Adjustment Of Status
through her. I have been in the U.S even before she
got the DV lottery. Do you think I can file this
adjustment ? I'd greatly appreciate your advise.
Thanks
 
If your wife is a green card holder, she can sponsor you as her spouse, however, this process can take a very long time. Because she would need to file the I-130 and wait for it to be approved, and once that is approved you will have to wait for a visa number to be available for you to then file for Adjustment and this part is what causes a long delay. However, if your wife becomes a US Citizen she can also sponsor you as a spouse and at the same time you can also submit the I-485 application and not have to wait for a visa number, so long as you are here in the States.

Please note if she sponsor's you as her being a green card holder, she can always upgrade her application once she becomes a Citizen.

Good luck!
Homa
 
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