spouse of a LPR

A

abba114

Member
hey guys, i hope someone can help me with this question.
my friend who is currently a green card holder. He is about to marry someone who came here with a P3 visa (artists-still valid). my questions is, after they get marry and apply for I130, can she still say here legally? what kind of visa will she be given or what kind of benefits will she get?

Thanks in advance.
 
They can apply for I-130, but the only way for her to remain legally in the country is to maintain her P3 visa status. She will get no benefits or visa until the I-130 is approved and her priority date is current, which can take years.

Tell your friend if he's at all close to being able to become a US Citizen, he should be considering that, because when a USC marries, they can file for a green card immidiately.
 
Thanks for your reply,
so even if her I130 have been approved, she still has to leave the country? and do you know how long would it take to have her I-130 to get approved?
he just got his green card, not close to being a USC.

Thanks in advance.
 
abba114 said:
Thanks for your reply,
so even if her I130 have been approved, she still has to leave the country? and do you know how long would it take to have her I-130 to get approved?
he just got his green card, not close to being a USC.
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The only way to be able to legally remain in the USA is to have a filed I-485. You can't file I-485 until your I-130 is approved and your priority date is current. Currently the F2A category priority dates is about 5 years ago, so if you apply for I-130 now, you're most likely a facing an at least 5 year wait before you can file an I-485 for your spouse.
 
Hello Everyone,
My friend is a LPR and his wife is on P3 visa, they are about to file for I-130; my question is if she can file for I-131 (Application for Travel Document) or a work permit at the same time?

Thanks in advance
 
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