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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.

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??

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Attorney answers 4



The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.


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 Law Office of Anu Gupta. The advice suggested here is for general information only and not to be construed as legal advice.


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. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.


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

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