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whats next after I-130 has been approved and the beneficiary

Customer Question
resides in US...
whats next after I-130 has been approved and the beneficiary resides in US
Submitted: 6 years ago.Category: Immigration Law
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Answered in 1 minute by:
4/15/2011
Immigration Lawyer: Georgetown Lawyer, Immigration Lawyer replied 6 years ago
Georgetown Lawyer
Georgetown Lawyer, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 12,049
Experience: 10+ years of Immigration Experience in All Areas A-Z complex immigration cases & issues in all areas
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Thank you for allowing me to assist you. If there is a delay in my reply, I am helping others but WILL reply to you asap. Thanks for your patience....what is the relationship of the petitioner to the beneficiary? husband/wife? parent/child? when was the I-130 filed? how long has the person been in the u.s.?
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Customer reply replied 6 years ago
the petitioner is the husband. wife has been in US for 12 years! I-130 was applied in 2009 and approved on the 6th april!
Immigration Lawyer: Georgetown Lawyer, Immigration Lawyer replied 6 years ago
did the wife enter on a visa? if so, what kind of visa? Is the husband a u.s. citizen?
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Customer reply replied 6 years ago
She had a visitor visa and husband has permanent residency. She came in legally!
Immigration Lawyer: Georgetown Lawyer, Immigration Lawyer replied 6 years ago
finally, how long has husband been a permanent resident??
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Customer reply replied 6 years ago
Since 2009, july to be exact
Immigration Lawyer: Georgetown Lawyer, Immigration Lawyer replied 6 years ago
I hope the lawyer also told her even if she waits for a visa number to become available (which is correct by the way), that it is now taking 4 years from the date the I-130 was filed. once the visa number is XXXXX then she can adjust status, but BIG problem, she cannot do it in the u.s. because she is not in status right now. she is an overstay and marriage to a u.s. citizen is the only way for her to adjust status in the u.s. as an overstay. her overstay is forgiven if her husband is a u.s. citizen. She will have to wait 3 more years to 2012 so he can get his citizenship. Once he gets is citizenship then she can file the I485, if she does it and he is not a u.s. citizen it will be denied and she will be put in removal proceedings. I cannot believe the attorney did not tell her this. you cannot adjust status in the u.s. being out of status and married to a permanent resident, you would have to leave to get a green card and then you would face a 10 year bar to re-entering the u.s. as punishment for being out of status for more than one year. So again, do not file I485 until the husband is a u.s. citizen and then all is forgiven and she gets her green card. I hope this helps clarify.

Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work (as you would like to receive credit for your work). Positive feedback is also appreciated, if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is not required. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice. If you specifically want me to answer a future question put “FOR GEORGETOWN LAWYER” in the subject line and I will reply asap.
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Customer reply replied 6 years ago
the wife is not out of status though, she has a current temporary protection status
Immigration Lawyer: Georgetown Lawyer, Immigration Lawyer replied 6 years ago
you didn't mention that. then she can adjust when the visa becomes available. I hope that clarifies. thanks and please do not forget to click ACCEPT so that I may be paid for my time and answers. Best regards.
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Customer reply replied 6 years ago
Thats exactly my question actually, why would she need a visa if she is already here, been here for 12 years with TPS. Do they send her the visa in mail 2012? does she sit wait for it? wasnt he supposed to apply for the I130 along wwith I485 since she is already here legally!
Immigration Lawyer: Georgetown Lawyer, Immigration Lawyer replied 6 years ago
Because that is how it works. there is no why. that is the system. she can NOT get a green card being married to a green card holder immediately. she must wait for a visa number. that is the system. the only spouses that can immediately get a green card and file I485 with I130 are the ones married to u.s. citizens. You can check the visa bulletin. she is in the family category 2A, if you look at it you will see they are just taking I485 applications for people married to green card holders and these were filed in 2007.

http://www.travel.state.gov/visa/bulletin/bulletin_5424.html

so she has to wait for a visa to get a green card since the husband is not a u.s. citizen. I do not know how else I can explain it. I hope that helps. Kindly click ACCEPT so that I may be paid for my time and answers. Thanks.
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Customer reply replied 6 years ago
Us? she elligible for an I131
Immigration Lawyer: Georgetown Lawyer, Immigration Lawyer replied 6 years ago
she can travel with tps so yes. anything else? if not, I would appreciate receiving credit and you clicking ACCEPT or else if none of my many answers I have given has been acceptable I can leave the question and if someone else wants to help they can. thanks.
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