Legality of I-485/I-130 filing
I married my Canadian wife in November 09 in the US. She had entered the country as a visitor. She flew back to her expatriate parents in Australia. She re-entered the country - POE was LAX - and we linked up in North Carolina to drive north to pick up her belongings in Montreal. We exited the US and then we re-entered. USCIS gave us some difficulty at the border but they let us in together. Now I know I need to file the I-130 form, and I am hoping to file an I-485 for AOS and I-765 so she can work. Is this legal? She is here legally as a visitor with 6 months to stay.
This is a touchy topic. As long as you revealed to the Post during your last entry that you were married, I see no problem with the 130/485 combo.
I received my H1B Extension as well as my wife’s extension of stay with Rena Waddell, Law Offices of Rajiv S. Khanna, P.C. Rena Waddell is an expert on immigration laws and we never got any problem or incompletion about the paperwork done under her supervision. She is very co-operative and would return calls & emails promptly. We are greatly pleased with her as far as her professionalism, courtesy and promptness throughout my H1B Renewal Process. We are very Thankful to Rajiv and his Staff.