Q: Can I petition I 130 and apply for adjustment of status while my Hasband is in the US with a visitor visa?
I am a US citizen and married to a foreigner a year back & we got a baby girl. He has visited me in the US a couple of times before our marriage, He is now in the US with visitors visa. Our marriage takes place in Ethiopia legally and we do have all the legal document. I need to keep him in the US because I could not take care our baby while working. His I 94 will expire on September 3
A:
Yes, but you may want to wait until he has been in the US for 90 days.
The process begins with the U.S. citizen filing Form I-130, Petition for Alien Relative with U.S. Citizenship and Immigration Services (USCIS). By filing the Form I-130 petition, you are establishing the existence of a valid relationship between you and your spouse. At the same time, you are requesting that a visa be reserved for your spouse. When the I-130 petition is approved, the government is acknowledging that there is a valid relationship and that a visa has been reserved.
Because spouses of U.S. citizens are considered immediate relatives, this relationship is given a degree of priority over other relationships. There are no numerical limits on the immediate relatives to obtain a green card. Preference categories, on the other hand, may require several years to obtain a visa number as there are restrictions on the number of people that can obtain a green card through a preference category. Learn more in our section about family-based immigration.
Spouses that are already physically present in the United States may be able to apply to adjust status to permanent resident (green card holder) at the same time as filing Form I-130. Because a visa can be immediately reserved, most couples file the Form I-130 as part of a larger “adjustment of status packet” of USCIS forms that will expedite the process. By filing the Form I-485, Application to Adjust Status, and other required forms concurrently with the Form I-130 petition, couples give USCIS everything necessary to process the case and make a decision as soon as possible.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
