Hi folks,
I could use a little help, because I have trouble finding specific information. Basically my situation is that I am a permanent resident getting married Friday with a foreigner in the US on a J-1 visa. Her visa will expire in December 2016 and we know that based on the current wait period she will have to wait 1.5-2 years before getting her own green card. We are trying to find a way for her to stay in the US between the expiration of her J-1 (Dec. 2016) and the likely obtention of her own green card (Roughly Fall 2017 if we file now and wait time does not change too much). She is not subject to the 2 year home residency rule.
I read that concurrent filing of i-130 and i-485 could allow her to get a work permit and stay while the case is pending, but I am not sure given our situation we can go that route.
So I guess my questions are:
- Should I file I-130 saying she will apply for adjustment of status (Q.22) even if chances are her number won't become current until she has to leave the US because her visa expires? Can I make adjustments to the initial form while it is pending if our situation changes?
- Can we do concurrent filing? What will be the likely outcome? Any risks? Any other forms we should be filing that could help our case?
- Given our situation, do you guys have any other ideas or tips for us to stay together until her number becomes current?
Thanks a lot for all the help!
I could use a little help, because I have trouble finding specific information. Basically my situation is that I am a permanent resident getting married Friday with a foreigner in the US on a J-1 visa. Her visa will expire in December 2016 and we know that based on the current wait period she will have to wait 1.5-2 years before getting her own green card. We are trying to find a way for her to stay in the US between the expiration of her J-1 (Dec. 2016) and the likely obtention of her own green card (Roughly Fall 2017 if we file now and wait time does not change too much). She is not subject to the 2 year home residency rule.
I read that concurrent filing of i-130 and i-485 could allow her to get a work permit and stay while the case is pending, but I am not sure given our situation we can go that route.
So I guess my questions are:
- Should I file I-130 saying she will apply for adjustment of status (Q.22) even if chances are her number won't become current until she has to leave the US because her visa expires? Can I make adjustments to the initial form while it is pending if our situation changes?
- Can we do concurrent filing? What will be the likely outcome? Any risks? Any other forms we should be filing that could help our case?
- Given our situation, do you guys have any other ideas or tips for us to stay together until her number becomes current?
Thanks a lot for all the help!
