Can a U.S. citizen file an I-130 for a spouse who entered the U.S. without inspection? If so, will she have to leave the U.S. or can she adjust her status without leaving? Does it make any difference that the citizen spouse is in the military?
Can a U.S. citizen file an I-130 for a spouse who entered the U.S. without inspection? If so, will she have to leave the U.S. or can she adjust her status without leaving? Does it make any difference that the citizen spouse is in the military?
The citizen spouse may file an I-130, but unless the wife qualifies for a provisional waiver parol in place or similar benefit she will not be able to adjust her status. His being a member of the armed forces does not change the situation. She should consult an immigration lawyer about her options.