Legal Question in Immigration Law in Minnesota

You cannot apply for adjustment of status yet because as a spouse of a permanent resident (not a US citizen), you will have to wait for your Priority Date to become current or for your husband to naturalize.

Your husband, however, can petition you by filing an Alien Relative petition. When submitted, you will have a case number and a priority date. You will have to wait for the priority date to become current in order to apply for adjustment of status (4 years).

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If your husband has not filed the I-130 petition for you yet, you will not be able to adjust your status at this time. He would have to file the I-130 for you, and after it's approved in a few months, you will go on a waiting list for an available visa before you are eligible to file for permanent residence. For Indian citizens, spouses of permanent residents are waiting about 4 1/2 years before a visa number is available (those who have the I-130 filed for them prior to Jan. 15, 2005).

If your husband becomes a citizen, then there would be no waiting, and you could file for permanent residence immediately at that time. This is because spouses of US citizens are considered "immediate relatives" and in a preferred category with no waiting time.

Now, if your situation really is that your husband had already filed the I-130 petition for you prior to Jan. 15, 2005, the priority date is now current, and you can adjust status by filing Forms I-485, I-765, I-864, and other forms, as well as supporting documents, such as your taxes, evidence of a bona fide marriage, and others. It's a whole package.

Larry L. Doan

www.GuruImmigration.com

http://guruimmigration.wordpress.com (blog)