Re: GC holder married B-2 in the USA-need I-130 advice

"Andrei" <[EMAIL PROTECTED]> wrote in message
news:[EMAIL PROTECTED]
> I have a Greencard and few months ago I got married here in the USA,
> my fiancée was here on the B-2 visa. The she went home; we did not
> file I-130 because I was told the processing time is 3-5 years and it
> will be faster to me to become US Citizen and get her on K visa or so.
>
> Now my wife is back into the USA on the same B-2 visa, and we are
> looking for the possibilities to keep her here in a legal status until
> I will get USC.
>
> Someone who appears to be knowledgeable told me that, in our
> situation, I can file I-130 for my wife simultaneously with the filing
> of I-485 and this will allow my wife to stay here legally until I-130
> will be approved or until I will get the USC. This person said this is
> possible to do because my wife is already legally here in the USA.
>
> All this sounds a bit strange for me and the immigration lawyer that
> we consulted did not mention about this I-130/I-485 possibility,
> although we did not ask directly about it.
>
> Could this "I-130/I-485 plan" really work, i.e. legalize my wife's
> presence in the USA? I have never heard about it and it sounds too
> simple to be true.

It is.
After filing the I-130 petition, you can file the "I-485 application to
adjust status to permanent resident status" only after a visa number becomes
available for your spouse.
She will be in the F2A category, which currently has a 5 year backlog:
http://travel.state.gov/visa_bulletin.html

If she remains in the US past the expiration date of her I-94 card, she will
not be able to adjust status in the US anymore. If she accrues more than
6/12 months if illegal presence she will be barred for 3/10 years.
Mind you, her current status in the US is already suspect, since she's
obviously not a tourist - You're fortunate she made it in! :-)

Sorry for the bad news. Make sure to sign Ingo's 'F2A' petition here:
http://www.kkeane.com/lobbyspousal-faq.shtml

Waiting until you obtain citizenship may be a better option for you.

http://uscis.gov/graphics/howdoi/spouselive.htm
Information for Lawful Permanent Residents
If you are a lawful permanent resident and your petition for your spouse is
approved, your spouse will be notified by the Department of State when a
visa number becomes available. If your spouse is outside of the United
States at the time of notification, he or she must then go to the local U.S.
consulate to complete visa processing. If your spouse is inside the U.S.
through a lawful admission or parole and is maintaining that status at the
time of notification, he or she may file the Form I-485 when the visa number
becomes available. If that is not the case but the petition was filed on or
before 04/30/01, he or she may be eligible to benefit under section 245(i).

If you do not have the visa number issued by the Department of State, you
must wait for a number to become current. Your spouse may need to depart the
United States to avoid accruing unlawful presence. For more information,
your spouse should refer to How Do I Become a Lawful Permanent Resident
While In the United States?