Will I-130 allow a person to stay in US? I know I-485 is for adjustment of status which authorizes a person to work.

Asked about 1 year ago - Las Vegas, NV

I am currently working on H1B and in the process of transferring it to another reputed company. They have got an RFE which they will be able to respond successfully. I am also planning to get married 6 months down the line to an american citizen who is from my hometown. God forbidding something happens to my H1B, can my wife file I-130 ? and will that allow me to stay in US??

Attorney answers (4)

  1. Alexander Joseph Segal

    Contributor Level 20

    6

    Lawyers agree

    Answered . No.

    The information contained in this answer is provided for informational purposes only, and should not be construed... more
  2. Anu Gupta

    Pro

    Contributor Level 19

    2

    Lawyers agree

    Answered . If your wife to be is a US citizen, you can file 485 along with the 130 (after you get married). That will keep you in status as of the date of filing.

    Business Immigration Attorney with 17 years of immigration law experience. Call 800-688-7892 or visit www.... more
  3. Tripti Sharad Sharma

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Yes, USC spouses are eligible to adjust status so long as they were inspected upon entry. There are other exceptions too but I don't believe they are applicable here.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known.... more
  4. Patrick W. Kang

    Contributor Level 7

    Answered . Marrying a US Citizen will allow you to file the 130 and 485 adjustment of status.

Related Topics

Immigration

If you want to visit or move permanently to the US, you'll want to learn about your different immigration options.

H1B speciality occupation visa

If you have special skills and the right experience, you might be eligible for a H-1B visa if there is a shortage of qualified workers.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

28,557 answers this week

3,395 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

28,557 answers this week

3,395 attorneys answering