[Donoghue]

Can my wife stay in the usa while we await the outcome of her I 130. I am a legal resident with a valid green card.

[DCcityboy]

If you are an LPR, then she is a 2nd preference, 1st subpreference (FB-2A) as the spouse of an LPR.

She cannot stay in the US lawfully until she files for AOS and she cannot file the AOS until the priority date is current. The PD is the date the I-130 was accepted for filing and is noted at the top left of the I-797 receipt notice. The most recent DOS VB shows a PD of April 15, 2005.

When you naturalize to USC, her petition upgrades to immediate relative and she can file the AOS at that time. Good luck.

[Donoghue]

Hello there,
Thanks for this.
Not totally sure what all this means.
Basically My wife is over here in the USA with me at the moment but has been told she must leave by the 9th Nov 09 as she is here only on her I 94 visitor visa ( she is English as am I but I am a green card holder ) She was told she needs to stay out of the US for six months when she goes out on the 9th Nov. The I 130 for her has just been sent off as we only got married on 2 and August last month. So we were wondering if there was any way she could stay while the I 130 is being processed or will she have to go and stay out for six full months?
Hope this is clearer.
Hope you can also help or direct us to some where for further advise if you think that might help please.
Most grateful.

[DCcityboy]

She is unlikely to be allowed back in the US with a non-immigrant (temporary) visa as she is married to an immigrant and you have already filed for her permanent residence. The 6 month timeframe you are referring to is if someone is a true non-immigrant visitor, and your wife is not. She will need to stay outside the US for significantly longer than 6 months.

If this is unclear, I advise you to consult with an immigration attorney for details.