Legal Question in Immigration Law in California
I am a US citizen. My wife is already here in the US with H1 Visa petitioned by the employer, and we got married last Sept. 2010. Her H1 visa will expire Oct. 2012 but I want to file an I-130 Petition for Alien Relative to process her papers faster. Do I also need to file Form I-485, Application to Register Permanent Residence or Adjust Status? Or is the Form I-130 enough to process the petition for her and get her green card/working permit?
3 Answers from Attorneys
Congratulations on your marriage!
The I-130 alone is not enough. Your wife (not you) is the one who shall submit Application for adjustment of status, Form I-485, and all other supporting applications. All applications and petitions with supporting documents and forms shall be prepared and submitted together/concurrently for proper and fast resolution.
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Hi,
All sponsorship paperwork including I-130 and I-485 must be filed concurrently in order for your wife to receive employment authorization as well as resident status in the U.S. Her H1B visa status allows for intention to immigrate to the U.S. and thus the sponsorship through marriage will not cause a conflict with her current H1B visa status.
You can call our law firm at 212-268-3580 during business hours, or email [email protected] for guidance.
You have to submit both I-130 and I-485 in order for your wife to obtain a permanent resident status in the U.S.
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