Filing a green card application for a spouse who enters visa-free
My spouse is a U.S. citizen living in the U.S., and my other spouse would enter visa-free from Korea and immediately pursue a green card. I’d like to know whether I-130 and I-485 can be filed together right after entering the U.S.
Generally, yes — I-130 and I-485 can be filed together after entering the U.S.
If filing concurrently, please refer to the link below:
http://www.uscis.gov/i-485-addresses
One thing to keep in mind is your intent at entry when entering visa-free — if you show, during the entry inspection, an intent to obtain a green card once in the U.S., this can raise concerns at that inspection.
This is because admission must match the purpose of your visa, and visa-free entry is meant for the purpose of tourism. Many people assume they can simply marry in Korea and apply for a green card right after entering, but showing an intent to obtain a green card at the time of visa-free entry can understandably raise concerns during the inspection.
When entering visa-free, keep in mind that you should not have an intent to reside permanently in the U.S. at the time of entry — there have been cases where people married in Korea, entered visa-free intending to apply for a green card, and ran into problems at the entry inspection as a result.