Submit I-130 for Spouse prior to Reaching Priority Date

[avestruz]

Hi, my I-485 and I-140 were submitted over 180 days ago under EB3, Other category and I am currently 6 to 7 months from reaching the priority date. I would like to know if I can submit any paperwork (e.g. I-130) for my spouse prior to receiving the GC. My spouse who has exceeded the legal stay and is out of status. In other words, can I do anything else beyond preparing the paperwork? Adding my spouse to my EB3 petition is not an option at this time.

Thanks

[JoeF]

Why an I-130?

An I-130 is only for a family-based GC. Your spouse seems to be a dependent of you. There is no I-130 in such a case.

[pontevecchio]

"My spouse who has exceeded the legal stay and is out of status."

This implies you need to talk to a Lawyer about her situation and not worry about what forms and when.

[BigJoe5]

NO.

Are you an H nor L? If yes, why is your spouse not under the corresponding derivative visa?

There are obviously some critical details missing from your post which prevent a useful response.

[avestruz]

All, thank you for your response. Yes, I will be contacting an attorney on this matter. To answer your questions and clarify: H visa, and I have no dependents listed on my petition. My question is whether I need to wait until receiving my GC to submit a family-based petition for relative or whether I can benefit of the fact of the, hopefully, imminent GC (6-7 mo away) and submit the papers prior to receiving my GC.

[pontevecchio]

What is the exact status of your spouse? You can prevaricate with us. But it is important. Talk to your Lawyer about it.