Kevin Jones
May 17, 2021
Applying for spouse green card through a US greencard holder
Hey guys,
I’ve been getting some mixed responses on this, so hopefully you all can help. When filing for a greencard through a greencard holder spouse, does the beneficiary have to maintain lawful immigration status in the US while the case is processing or is it similar to a US citizen petitioner where they your immigration status is allowed to lapse. thanks for your help with this!
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K kMay 17, 2021
It’s best she maintains lawful immigration status while i485 is still pending in order to facilitate your case, but at the same time she has the right to remain within the US while it is still pending.
Kevin JonesMay 17, 2021
so if her opt is about to run out, she should return to her home country and file from there instead?
K kMay 17, 2021
It is recommended to maintain legal status, if by any reason your adjustment application is suddenly denied. But once your current non-immigrant status expires, your new status will automatically switch to pending I-485.. Consulting a lawyer wouldn’t hurt either, because I don’t know the specifics of your case. But going to your country would mean starting the application from the beginning, it could take a lot of time and it might not even be necessary if your case here is strong! Just have faith it will work out!
Kevin JonesMay 17, 2021
thanks Kada!
G BMay 18, 2021
I've spoke to a lawyer recently as I'm in almost the identical situation. File I-130, I-485, I-131 and I-765 at the same time. File these BEFORE OPT expires. To file AOS (I-485), the petitioner must have valid status in the US. It doesn't matter if OPT expires after these are filed but they will not be able to work or travel until I-765 and I-131 are approved.
Kevin JonesMay 18, 2021
thanks for the update on that GB!
