I am a US Citizens. I am petitioning for my spouse who currently lives in the USA and currently holds a working permit. What forms should be completed and submitted to Immigration, is it the I485 and I797C?
It depends on the case, such as whether or not your spouse entered the United States legally. There is also no Form I-797C.
You should therefore have a full consultation with an attorney to determine the best course of action.
The guidance and/or advice provided herein does not create an attorney-client relationship and is for general informative purposes only, One should only take action after retaining an immigration attorney.
On your request, you are not providing enough information for someone to completely answer your question. It all depends on how she came into the US, what her current immigration situation is. Having a work permit does not really tells anyone much. The form I485, Adjustment of status, can be filed if the person entered the country with status. However, I would recommend that you to seek legal advice because of the current immigration climate, you want to make sure you have all covered.
If you're petitioning for your spouse, you use Forms I-130 and I-130A. Whether or not she is eligible for adjustment of status (Form I-485) and what other forms need to be submitted depends on the circumstances of your case. You should have an experienced immigration attorney helping you with this case.
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