Helping wife to become US resident

[mark89134]

My Step son is a permanent resident. He recently married his girlfriend here in the US. She is and has been here on a student visa. What are the initial and forthcoming steps he needs to take to petition his wife for permanent legal status? They are both here in Texas, both work and the wife still attends school part time. Both are Chinese. Thank you!

[warpedbored]

http://www.uscis.gov/family/family-green-card-holders-permanent-residents

Family of Green Card Holders (Permanent Residents)

As a green card holder (permanent resident), you may petition for certain family members to immigrate to the United States as permanent residents.

You May Petition For The Following Family Members:

• Spouse (husband or wife)
• Unmarried children under 21
• Unmarried son or daughter of any age

Application Process

To obtain a green card for your family member, you must:

• File Form I-130, Petition for Alien Relative
• Provide proof of your status to demonstrate that you are a permanent resident.
• Submit evidence of the qualifying relationship such as a birth certificate, marriage certificate, divorce decree, etc. See the form instructions for specific documents required.
• Submit proof of any legal name change for you or your family member (the beneficiary).

See the instructions for Form I-130, Petition for Alien Relative, for detailed instructions.

If you or a member of your family is in the U.S. military special conditions may apply to your situation. For information and additional resources, see the “Information for Members of the Military and their Families” page.

Preference Categories

When petitioning for your relative, the following preference categories apply:

• First preference: Unmarried, adult sons and daughters of U.S. citizens. (Adult means 21 or older)
• Second Preference (2A): Spouses of green card holders, unmarried children (under 21) of permanent residents
• Second Preference (2B): Unmarried adult sons and daughters of permanent residents
• Third Preference: Married sons and daughters (any age) of U.S. citizens
• Fourth Preference: Brothers and sisters of adult U.S. citizens

A visa becomes available to a preference category according to the priority date (the date the I-130 was properly filed). For more information on priority dates, see the “Visa Availability and Priority Dates” page.

What Happens Next?

• If your relative is already in the United States legally, he or she may apply to adjust status to become a permanent resident after a visa number becomes available using Form I-485, Application to Register Permanent Residence or Adjust Status.
• If your relative is outside the United States, your petition will be sent to the National Visa Center (NVC). The NVC will forward your petition to the appropriate U.S. consulate when a visa becomes available and your relative will be notified about how to proceed. This process is referred to as “Consular Processing.”
• Your family member’s preference category will determine how long he or she will have to wait for an immigrant visa number. Once you have filed a petition, you can check its progress on the “Check My Case Status” page. For visa availability information, see the “Visa Bulletin” page.

For more information on becoming a permanent resident, see the “Adjustment of Status”(for processing within the United States) and “Consular Processing” (for processing overseas) pages. For more information on green cards, see the “Green Card” page. For more information on each benefit type and the steps to take to help your relative immigrate, see the links to the left.

Note: A visa petition (Form I-130) is only used to demonstrate a qualifying relationship. An approved petition DOES NOT grant any benefit except to create a place in line for visa processing. For more information on green cards, see the “Green Card” link to the right. For more information on relatives and green cards, see the "Family of Green Card Holders (Permanent Residents)" page.

Last Reviewed/Updated: 07/14/2015

[warpedbored]

Since she is already here legally on a student visa her status won't change as long as her visa is valid. If it expires before her adjustment of status she can stay until the case is finished. Be prepared to prove it isn't a marriage of convenience.

 

more.

http://www.uscis.gov/green-card/green-card-processes-and-procedures/adjustment-status

[dnoblett]

Step son must first become a US Citizen inorder to base adjustment of status on, the I-130 has to result in an immediate visa number, inorder to base adjustment of status on.

[Randy W]

Step son must first become a US Citizen inorder to base adjustment of status on, the I-130 has to result in an immediate visa number, inorder to base adjustment of status on.

 

 

The priority date for filing the I-485 in the F2A category is currently March 2015. That window may just be enough to allow her to stay.

 

He CAN file the I-130 for his wife. She can then stay on her F-1 visa, until her filing date becomes current.

[mark89134]

Thank all of you VERY MUCH.

[mark89134]

 

http://www.uscis.gov/family/family-green-card-holders-permanent-residents

Family of Green Card Holders (Permanent Residents)

As a green card holder (permanent resident), you may petition for certain family members to immigrate to the United States as permanent residents.

You May Petition For The Following Family Members:

• Spouse (husband or wife)
• Unmarried children under 21
• Unmarried son or daughter of any age

Application Process

To obtain a green card for your family member, you must:

• File Form I-130, Petition for Alien Relative
• Provide proof of your status to demonstrate that you are a permanent resident.
• Submit evidence of the qualifying relationship such as a birth certificate, marriage certificate, divorce decree, etc. See the form instructions for specific documents required.
• Submit proof of any legal name change for you or your family member (the beneficiary).

See the instructions for Form I-130, Petition for Alien Relative, for detailed instructions.

If you or a member of your family is in the U.S. military special conditions may apply to your situation. For information and additional resources, see the “Information for Members of the Military and their Families” page.

Preference Categories

When petitioning for your relative, the following preference categories apply:

• First preference: Unmarried, adult sons and daughters of U.S. citizens. (Adult means 21 or older)
• Second Preference (2A): Spouses of green card holders, unmarried children (under 21) of permanent residents
• Second Preference (2B): Unmarried adult sons and daughters of permanent residents
• Third Preference: Married sons and daughters (any age) of U.S. citizens
• Fourth Preference: Brothers and sisters of adult U.S. citizens

A visa becomes available to a preference category according to the priority date (the date the I-130 was properly filed). For more information on priority dates, see the “Visa Availability and Priority Dates” page.

What Happens Next?

• If your relative is already in the United States legally, he or she may apply to adjust status to become a permanent resident after a visa number becomes available using Form I-485, Application to Register Permanent Residence or Adjust Status.
• If your relative is outside the United States, your petition will be sent to the National Visa Center (NVC). The NVC will forward your petition to the appropriate U.S. consulate when a visa becomes available and your relative will be notified about how to proceed. This process is referred to as “Consular Processing.”
• Your family member’s preference category will determine how long he or she will have to wait for an immigrant visa number. Once you have filed a petition, you can check its progress on the “Check My Case Status” page. For visa availability information, see the “Visa Bulletin” page.

For more information on becoming a permanent resident, see the “Adjustment of Status”(for processing within the United States) and “Consular Processing” (for processing overseas) pages. For more information on green cards, see the “Green Card” page. For more information on each benefit type and the steps to take to help your relative immigrate, see the links to the left.

Note: A visa petition (Form I-130) is only used to demonstrate a qualifying relationship. An approved petition DOES NOT grant any benefit except to create a place in line for visa processing. For more information on green cards, see the “Green Card” link to the right. For more information on relatives and green cards, see the "Family of Green Card Holders (Permanent Residents)" page.

Last Reviewed/Updated: 07/14/2015

 

Also, does he have to send in I-864 along with his I-130, or can he wait for this year's income tax return and send the I-864 after first of year? He just started working early this year and does not have a prior three years of tax returns. His income is most sufficient for the support, and he has some assets. I am thinking that the quicker he gets this done, the better. Thank you very much.

[dnoblett]

I-864 is required later, it will be requested by consulate and department of state for the visa interview, it is not sent in with the I-130

[mark89134]

I-864 is required later, it will be requested by consulate and department of state for the visa interview, it is not sent in with the I-130

Thank you very much!