If your spouse petitioner is a US citizen, then an immigrant visa is immediately available for your use and hence, you can concurrently file the I-130 petition with your I-485 green card if you are physically present in United States. This way, you can also file for work permit and I-131 Advance parole. if your spouse is an LPR, a visa will not be immediately available and hence, you can only file the I-130 and must wait for your priority date to become current. Note that there are a number of other issues for you to consider.
Answered on Apr 14th, 2014 at 6:13 AM