Meryl

maybe a silly question but we just need to be sure.


A little bit of background: we are a same sex couple; originally I came here on an H1B and she on a B2 cohabiting partner visa. That was five years ago; and I now have a greencard (since aug 2013); and she has still been able to extend her B2 visa in that time (we were quite surprised).

We got married last november in Oklahoma and I have since petitioned for her as my spouse.

Will she need to maintain her visa until her priority date becomes current; or is this her new status now?

Thanks!

ian-mstm

Just to clarify... you're saying that both an I-130 and I-485 was filed?


Once an I-485 is submitted, the beneficiary is allowed to remain in the US under "color of law" until such time as the I-485 is adjudicated. It doesn't matter that her visa expires... she is allowed to remain. Her current status is "pending adjustment".

Ian

Noorah101

In order for her to stay legally in the USA, she needs to maintain her B2 status. When her priority date becomes current, if she's still in the USA, she can apply for adjustment of status. If she's outside the USA, she'll need to apply for an immigrant visa.

Just curious, why didn't you marry sooner so she could also get her green card when you got yours?

Rene

Noorah101

Ian, I believe for the spouse of LPR, the I-485 can't be filed until the priority date becomes current.

Rene

Meryl

She doesn't qualify for concurrent filing unfortunately.

We didn't get married sooner mainly for financial reasons; we live in Texas and until recently it would have been quite a treck for us to go to a state where you can get legally married; but Oklahoma is only an hour away; so as soon as they legalized it we drove up and did the deed! Also when I got my green card DOMA had just been struck down and same sex immigration was still a very grey area ( still kind of is!)

Noorah101

Thanks for explaining. I hope everything goes smoothly from here!

Rene

ian-mstm

Ah, my bad - Rene is correct. She will need to maintain her status until such time as an I-485 can be submitted.

Ian

S Folinsky

OP has posted what I call a deceptively complicated question. I know this goes against the "DIY" ethos of this board, but I would suggest that an in person consultation with an experienced immigration attorney might very well be in order.