Colfax, NC asked in Immigration Law for Florida

Q: Can a LPR file an I-130 & I-485 for a spouse that is in the U.S on a tourist visa?

The LPR was sponsored by a U.S. citizen relative and has been in the U.S. for almost 4 years. Her spouse resides overseas and visits her regularly on his tourist visa. Recently the LPR was diagnosed with stage 3 cancer and requires immediate treatment, so, her spouse got to the U.S. right away to support her and help her while she goes through the chemotherapies and subsequent surgeries. Can the LPR file a combined petition (I-130 & I-485) to adjust the status of her spouse due to the unfortunate circumstances? (Spouse's been in the U.S. for almost 3 weeks now) Thank you.

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2 Lawyer Answers
Deron Edward Smallcomb
Deron Edward Smallcomb
PREMIUM
Answered
  • Immigration Law Lawyer
  • San Diego, CA

A: Generally no, because the I-130 won't be current to file for Adjustment of Status. However, the spouse can file a visitor visa extension if they need to stay longer than six months. You should contact an experienced immigration attorney for help.

Ms Grace I Gardiner agrees with this answer

Hector E. Quiroga
Hector E. Quiroga
PREMIUM
Answered
  • Immigration Law Lawyer
  • Las Vegas, NV

A: Unfortunately, the answer is no, because visas would not be immediately available for the spouse of an LPR. If a petition had been filed previously, and the priority date was current, then the answer would be yes.

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