@J T So you have a green card? Your spouse does not have a green card and spouse came to the USA on a visa? Greencard holders can sponsor relatives but it takes longer compared to US citizens. I adjusted status after entering the US on a tourist “visa”. I am Canadian and therefore do not need a visa to enter the US as a tourist but it is called a B2 entry. The challenge of a status change is that the beneficiary cannot have entered the US with the intention of changing status. Your spouse will not be allowed to leave the US without a 131 first. Be aware of this.

@Kingsley B thank you for your response. yes that’s the exact scenario and I’m in limbo to apply for her or what should be my next step.

@J T You have the right to apply for her and it might take longer but if she entered in good faith into the country, then why not? Apply for the 131 so she can leave the country. I wish you the best.

awesome, thank you Kingsley