Posted by: Sql_server January 28, 2025
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Hey there!
First off, congrats on your recent citizenship and your marriage! It sounds like you’re in a good position to help your wife adjust her status and get her green card. Let me break this down for you based on what you’ve shared.
Key Points in Your Situation:
1. **You’re a U.S. Citizen**: This is huge because spouses of U.S. citizens are considered "immediate relatives," which means there’s no waiting list for a green card. This makes the process much faster compared to if you were still a green card holder.
2. **Your Wife’s TPS Status**: Since she’s in Temporary Protected Status (TPS), she’s considered to be in lawful status right now. This is important because being in lawful status at the time of filing the adjustment of status application (Form I-485) is one of the requirements.
3. **Previous Out-of-Status Period**: She was out of status for two years in 2013. Normally, this could be a problem, but because you’re a U.S. citizen, bars to adjustment of status does NOT apply. (https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-4)
Can She Adjust Status Without Leaving the U.S.?
Yes, she can! Because you’re a U.S. citizen and she’s in TPS, she should be able to adjust her status in the U.S. without having to go through consular processing in her home country. This is a big advantage because it avoids the risk of being stuck outside the U.S. and dealing with potential bans.
Should You File I-485 with I-130?
Absolutely! Filing Form I-485 (Adjustment of Status) concurrently with Form I-130 (Petition for Alien Relative) is a great idea. Here’s why:
- **Faster Processing**: Filing both forms together can speed things up.
- **Work and Travel Authorization**: While the I-485 is pending, she can apply for a work permit (Form I-765) and advance parole (Form I-131) to travel outside the U.S. and return without abandoning her application.
- **Avoid Consular Processing**: Adjusting status in the U.S. is usually smoother and less stressful than going through consular processing abroad.
Steps to Take:
1. **Gather Documents**:
- Proof of your U.S. citizenship (passport or naturalization certificate).
- Marriage certificate and evidence of a bona fide marriage (joint bank accounts, lease agreements, photos, etc.).
- Her TPS documentation and proof of lawful entry (I-94, passport stamps).
- Forms I-130, I-485, I-765 (optional), and I-131 (optional).
2. **File the Forms**: Submit I-130 and I-485 together, along with the fees and supporting documents. You can include I-765 and I-131 at no extra cost if filed with the I-485.
3. **Biometrics Appointment**: After filing, she’ll be scheduled for a biometrics appointment to provide fingerprints, photos, and a signature.
4. **Interview**: USCIS will schedule an interview for you and your wife to confirm your marriage is genuine. Bring all relevant documents to the interview.
Has Anyone Done This Before?
Yes, absolutely! Many people in similar situations have successfully adjusted status. For example:
- Spouses of U.S. citizens who were previously out of status but are now in TPS or another lawful status.
- Couples who filed concurrent I-130 and I-485 applications and were approved after showing their marriage is real.
Your situation is pretty common, and as long as you provide solid documentation and follow the process, your wife has a strong chance of getting her green card.
Final Thoughts:
Filing I-485 with I-130 is a smart move in your case. It lets your wife adjust status in the U.S. without the hassle of consular processing. Given your citizenship, her TPS status, and the fact that you have a child together, your case looks solid.
If you’re unsure about anything, it might be worth consulting an immigration attorney to make sure everything is filed correctly and to address any potential issues with her previous out-of-status period.
Good luck, and feel free to ask more questions if you need help!
First off, congrats on your recent citizenship and your marriage! It sounds like you’re in a good position to help your wife adjust her status and get her green card. Let me break this down for you based on what you’ve shared.
Key Points in Your Situation:
1. **You’re a U.S. Citizen**: This is huge because spouses of U.S. citizens are considered "immediate relatives," which means there’s no waiting list for a green card. This makes the process much faster compared to if you were still a green card holder.
2. **Your Wife’s TPS Status**: Since she’s in Temporary Protected Status (TPS), she’s considered to be in lawful status right now. This is important because being in lawful status at the time of filing the adjustment of status application (Form I-485) is one of the requirements.
3. **Previous Out-of-Status Period**: She was out of status for two years in 2013. Normally, this could be a problem, but because you’re a U.S. citizen, bars to adjustment of status does NOT apply. (https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-4)
Can She Adjust Status Without Leaving the U.S.?
Yes, she can! Because you’re a U.S. citizen and she’s in TPS, she should be able to adjust her status in the U.S. without having to go through consular processing in her home country. This is a big advantage because it avoids the risk of being stuck outside the U.S. and dealing with potential bans.
Should You File I-485 with I-130?
Absolutely! Filing Form I-485 (Adjustment of Status) concurrently with Form I-130 (Petition for Alien Relative) is a great idea. Here’s why:
- **Faster Processing**: Filing both forms together can speed things up.
- **Work and Travel Authorization**: While the I-485 is pending, she can apply for a work permit (Form I-765) and advance parole (Form I-131) to travel outside the U.S. and return without abandoning her application.
- **Avoid Consular Processing**: Adjusting status in the U.S. is usually smoother and less stressful than going through consular processing abroad.
Steps to Take:
1. **Gather Documents**:
- Proof of your U.S. citizenship (passport or naturalization certificate).
- Marriage certificate and evidence of a bona fide marriage (joint bank accounts, lease agreements, photos, etc.).
- Her TPS documentation and proof of lawful entry (I-94, passport stamps).
- Forms I-130, I-485, I-765 (optional), and I-131 (optional).
2. **File the Forms**: Submit I-130 and I-485 together, along with the fees and supporting documents. You can include I-765 and I-131 at no extra cost if filed with the I-485.
3. **Biometrics Appointment**: After filing, she’ll be scheduled for a biometrics appointment to provide fingerprints, photos, and a signature.
4. **Interview**: USCIS will schedule an interview for you and your wife to confirm your marriage is genuine. Bring all relevant documents to the interview.
Has Anyone Done This Before?
Yes, absolutely! Many people in similar situations have successfully adjusted status. For example:
- Spouses of U.S. citizens who were previously out of status but are now in TPS or another lawful status.
- Couples who filed concurrent I-130 and I-485 applications and were approved after showing their marriage is real.
Your situation is pretty common, and as long as you provide solid documentation and follow the process, your wife has a strong chance of getting her green card.
Final Thoughts:
Filing I-485 with I-130 is a smart move in your case. It lets your wife adjust status in the U.S. without the hassle of consular processing. Given your citizenship, her TPS status, and the fact that you have a child together, your case looks solid.
If you’re unsure about anything, it might be worth consulting an immigration attorney to make sure everything is filed correctly and to address any potential issues with her previous out-of-status period.
Good luck, and feel free to ask more questions if you need help!