Legal Question in Immigration Law in New York

Re: immigration law

If your I-130 is based on a marriage to a US citizen, a visa is available to you immediately and you may adjust now (assuming you qualify for adjustment of status). Normally, I-485 is filed together with I-130 in these circumstances. If your marriage is to a LPR and a visa is not yet available (check the DOS website for the current 2d preference backlog -- it used to be around 4 years) then you have to wait for the visa number to become available to you based on the date of filing of I-130 before you can adjust your status. Your current O visa is of no relevance in the above analysis other than to permit you to stay in lawful status pending adjustment.

The above reply is in the nature of general information, is not legal advice and should not be relied on as such.