Legal Question in Immigration Law in District of Columbia

Re: Will Status Be Violated

Your wife will be able to remain in the country during the pendency of your I-130 petition in her behalf even though her A-3 visa will have expired upon the departure from the U.S. of her principal A-1 visa holder.

If she wishes to to continue to undertake employment before your petition is granted which is typically authorized for an A-3 type visa holder, your wife will probably have to submit form I-566 with the required documentation to the USCIS for authorization to do so.

Re: Will Status Be Violated

I am sorry but your wife cannot adjust her status through the normal procedure (I-485) because you are not a U.S. citizen... she could if a visa number were immediately available to her, but unfortunately right now she would be 2nd category for a visa number and she is approximately 5 years away from a visa. So even though the I-130 would be approved, she is still missing that visa number which allows her to adjust her status and continue staying in the U.S. You may want to consider becoming a citizen yourself (if you meet the 5 years requirement), this will allow you to be a citizen in 15-18 months, and then she would be able to ajust her status and apply for a work permit... but until then she is out of luck.

Sincerely,

Tiziana Ventimiglia