I-130 Approved

[ma123]

OH

I am a greencard holder, I applied I-130 for my wife. After 3 years 4 months I got approval. Now my wife is in USA without status and I don't apply I-485 yet for her. I visit a attorny about this, he told me first you become a citizen then you apply I-485 for her. Other wise INS will deport her! But this sounds not right, what you think? Because my citizenship will not change her status, I am confused. Please need some help.

 

[evcalyptos]

OH

I am a greencard holder, I applied I-130 for my wife. After 3 years 4 months I got approval. Now my wife is in USA without status and I don't apply I-485 yet for her. I visit a attorny about this, he told me first you become a citizen then you apply I-485 for her. Other wise INS will deport her! But this sounds not right, what you think? Because my citizenship will not change her status, I am confused. Please need some help.

You need to listen to your lawyer.

An approved I-130 means --nothing-- to you. What will allow your wife to file I-485 is an available --visa number--. You find this on the State Department's Visa Bulletin.

When you become a citizen, a visa number becomes available to your wife immediately and you don't need to look at the Visa Bulletin.

If you don't want to become a citizen, then you wait for that visa number. The normal wait is 4 to 5 years from filing I-130.

Your wife is not supposed to be living in the US until she has a visa number available, unless she has some other legal means to be here.

She is deportable and subject to arrest at --any-- time right now, and yes, it happens. Be careful.

 

[ma123]

I-130 approved

Thanks and thank you very much for your kind information and valuable advise. I will keep it in my mind. So I have to wait for citizenship. Beside that I cannot do anything right? God bless you.

 

[evcalyptos]

Thanks and thank you very much for your kind information and valuable advise. I will keep it in my mind. So I have to wait for citizenship. Beside that I cannot do anything right? God bless you.

There is no other immigration benefit available for your wife, through your relationship. Get your N-400 ready to file when the time is ready.