QUESTION
Green-card Holder Filing I-130 and I-485
Asked on Feb 21st, 2015 on Immigration - New Jersey
More details to this question:
I am a Green-card holder for 5 year (I plan to file N-400 soon), my fiancé have a 10 year visitor's visa. She came to the US last September and we decided to get married in the US, December 2014. In January 2015 we filed the I-130 and the I-485, concurrently. The I-485 was rejected (because a priority date could not be established) and the I-130 was accepted. I received the receipt (I-797C for the I-130). My Wife's date to depart is quickly approaching, and we are wondering if she can wait here or go back to her country? Also, Should I resend the I-485 since the rejection notice for the I-485 stated that an I-797 can be provided with the I-485?
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
If you are sponsoring your wife under your green card status, the priority date of the I-130 petition must be current for visa availability and she must be in valid nonimmigrant status to be eligible for the I-485 to be filed. If not, she can either return or wait for you to become a U. S. citizen. Upon your citizenship, her category would change to immediate relative, a preference which is always available, and her overstay would not prevent her from filing an acceptable I-485 application. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Mar 19th, 2015 at 9:11 AM