After filing I-130/I-485 , what allows the non-US citizen spouse to remain in the country?

Question

I will file I-130/I-485 for my non-US citizen spouse who is currently in the US on student visa. After filing I hear that the spouse can stay in the country while processing is being done. What do they give that allows her to stay? Is it some kind of stamp or visa? document of some sort? And how long does it take to receive this?

Answer 1

As long as her student visa is valid, she can remain in the US in that status. She can even request to extend the status if she so wishes to, while the application is processing. Much like the previous person said, however, you will receive the copy of the I-797 Notice of Action, which will have a receipt number printed on it to track status of the case during its pending duration, and also it is proof that you did indeed file the applications. If the decision on the case is denied, then she will have to return to her home country if her student visa is no longer valid. If the case is approved, however, she will be processed to received a conditional permanent resident card. This card is valid for two years. 90 days before the expiration of the card you have to file to remove the conditions... Now, there arent really "conditions" on the card. It's valid for two years to make sure that your wife did not enter the US to marry you & get permanent resident status, it is to assure she entered with good intent. After she files for THAT she will receive a receipt which makes her card valid for another year. She will need to keep this receipt and expired card together, especially if she travels outside the US. When the new card is produced, it will be valid for 10 years, as are all Permanent Resident cards.

Answer 2

Once submitted you will receive form I-797 in about 2 weeks, that documents receipt of her petition(I-130) and adjustment of status application(I-485). This will be her proof of pending adjustment application and she can remain in the U.S. until adjudicated. If she has to travel while application is pending she must file form I-131 and request an Advance Parole document.