QUESTION
Is my spouse lawful to stay if I am a US citizen and filed 1-130 for my spouse whose visa expired in July?
Asked on Oct 01st, 2012 on Immigration - Rhode Island
More details to this question:
My spouse's visa expired in July and we filed I-130 form in September. What documents can show that she is lawful in staying in the US?
6 ANSWERS
The I-130 does not give your wife any status. If eligible, she should file an application for adjustment of status which will give her status once approved.
Answered on Oct 03rd, 2012 at 1:51 PM
Immigration & Naturalization Attorney serving Olympia, WA
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Seifert Law Offices PLLC
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Shes not lawful just because you filed a petition for her. A petition only classifies the beneficiary as a relative of the petitioner. In order for the beneficiary to be lawfully here, there would also have to be some kind of application for status, like an I-485, filed for her. You should seek assistance to get these strategy issues clear before going any further.
Answered on Oct 03rd, 2012 at 1:51 PM
You did not file anything on her behalf that would grant her status or show her to be in protected status while the petition is pending. The I-130 does not grant status; it is just for establishing a relationship. If your spouse is in the US, she needs to file for her adjustment of status on the basis of the I-130, if you are a US citizen.
Answered on Oct 03rd, 2012 at 1:50 PM
Rebecca T White
If you did not file an I-485 you will not have anything to show she is lawfully here in the US at this time, as she is not.
Answered on Oct 03rd, 2012 at 1:49 PM
Real Estate Attorney serving Frisco, CO
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The Law Office of Eric A. Fisher, LLC
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Your spouse does not have lawful status unless and until the application for adjustment of status is approved. That I-485 application could have been filed with the I-130 petition. If she entered the US with a visa, the overstay will be excused if the I-130 is approved.
Answered on Oct 03rd, 2012 at 1:48 PM
Criminal Defense Attorney serving Providence, RI
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The Law Office of Susan Pires
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She is an overstay, but eligible for immediate adjustment. You should file all of the necessary forms, not solely an I-130.
Answered on Oct 03rd, 2012 at 1:47 PM