About the Author

  

Nisha V. Fontaine

Attorney-at-Law

Serotte Reich Wilson, LLP

300 Delaware Avenue

Buffalo, New York 14202

Ph: 716-854-7525

Email: Nfontaine@srwlawyers.com

 

 

 

 

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Wednesday
May252016

Client Question: Can I file I-130/AOS concurrently for my spouse (I'm a GC Holder)? 

 

Client Question:

I am a GC holder and want to file GC for my wife,who is currently in US on B1 visa. Can we file both I 130 and EAD applications together and Is she eligible to get EAD and her status will change from B1 to EAD?

Attorney Answer:

You can file an I-130 for your wife as the Spouse of an LPR (F-2A).  However, given that neither the Priority Date or Application Final Action Date for the F-2A category are current (per the June 2016 Visa Bulletin), she could not concurrently file an Adjustment of Status application (and with it, an EAD application).   Even if it was current, you would want to make sure that she is able to establish that she did indeed have nonimmigrant intent when she last entered the U.S. as a visitor.

Also, if you do file the I-130, you have to be aware that on future entries, she is likely to face a greater level of scrutiny by having an I-130 pending/approved on her behalf by her spouse.  Not that she is not allowed to come to the U.S. to visit, just that she will face higher scrutiny from U.S. Customs & Border Protection.

How close are you to being able to naturalize?  Once you were to become a U.S. citizen, she would be classified as an 'Immediate Relative' and no longer be subject to Priority Date backlogs. 

 

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