she can come here if she has a B1/B2 visa.

Thank you M A A for responding. I talked to an attorney and he said that on B1/B2 visa they will have 60 days to file and get a receipt. If we do not get receipt for I 485 within that period she will have to go back to India and her processing will be done in India. That’s why he suggested to call her on student visa where there is longer time to stay and wait for receipt.

hi… hopefully this helps. you wife can come with a B1/B2 visa and wait for 90 days before submitting her application. you can submit the application at the 91st day. it takes 3-6 weeks for receipts to be issued. if the application is properly filed, it will be accepted and a receipt will be issued. when she gets the receipts she will be in a period of authorized stay till her green card is approved.

I appreciate O I taking time to respond. I get what you are saying. Is I-130 and I-485 both filed simultaneously? Do we need receipt issued for both to have authorized stay?

yes. you are going to receive 4 receipts. I-485, I-130, I-765, I-131. I-131 and I-765 is advance parole and Employment authorization.

PS: I am currently adjusting from B1/B2. my spouse is a GC holder. my biometrics is next week

As a green card holder, you can’t apply for her to adjust status while on a B1/B2. this process takes a long time by which she will already be out of status by the 6 months length of stay and the application will be denied. But you can file I-130 for her while you file your citizenship. as soon as you become a citizen she can at anytime file to adjust status. trust me I followed this process at first we thought we could file I-485 with I-130 simultaneously but my application was rejected with the explanations I gave you. then we filed standalone I-130 and my husband filed his citizenship too. once he became a citizen all started going smoothly and my interview is next month.

The rule states that you have to be lawfully present at the time the green card will be adjudicated. if not, they will deny at interview. you can consult a lawyer to be clear.

the visa period is not the lawful presence period. they are two different terms defined differently. please carefully look at all the details, you could get receipt notice and all but at interview the lawful presence issue comes up. unlawfully presence is only waived for spouses of US citizens

Thank you O I and Blessed for taking time to respond. I appreciate it.

if the immigration understands that she came here with the B1B2 with the purpose of start a GC process, they can deny. You should start her process while she is on India.

Thank you Camila for responding. I agree with you.

hello everyone! my wife’s F1 visa was denied today May be because she couldn’t justify why she wants to pursue her Masters. now I have two option either call her on B1/B2 visa or reapply again. I fear what if she gets rejected twice for F1 visa. wouldn’t it be then safe to call her on B1/B2 visa and start her process after 90 days. i looked up visa bulletin and saw all dates are current and people are receiving receipts in 2-3 weeks. please share if you know anyone who was in similar boat as me.