Green Card Application for Spouse through Employment - Please Help
I would appreciate your input in the following:
If I have already applied for green card, concurent filing, through my employer, what is the latest that I can include my wife on the application if I didnt originally include her (we were married before I applied for green card) i.e. can I include my wife to get a green card after I have applied for the green card? what is the timeline that I have? thanks a lot Antonio |
Re: Green Card Application for Spouse through Employment - Please Help
"kappa030" <[email protected]> wrote in message
news:[email protected] m... > I would appreciate your input in the following: > If I have already applied for green card, concurent filing, through my > employer, what is the latest that I can include my wife on the > application if I didnt originally include her (we were married before > I applied for green card) i.e. can I include my wife to get a green > card after I have applied for the green card? what is the timeline > that I have? All she needs to do is file an additional I-485 for herself. This will not affect your timeline. You can find CIS processing times here: https://egov.immigration.gov/cris/jsps/index.jsp Jozef (Not a lawyer) |
Re: Green Card Application for Spouse through Employment - Please Help
thanks for your response. I also wanted to find out, what it the
latest that she can do that?....is there a point in my greencard application process that after that, my wife cannot apply for a greencard through me? and can she still apply for H4? or she has to wait out of the country? thanks, "Jozef" <jozef.*take this out*[email protected]> wrote in message news:<02O3d.2502$Bg5.286@trnddc07>... > "kappa030" <[email protected]> wrote in message > news:[email protected] m... > > I would appreciate your input in the following: > > If I have already applied for green card, concurent filing, through my > > employer, what is the latest that I can include my wife on the > > application if I didnt originally include her (we were married before > > I applied for green card) i.e. can I include my wife to get a green > > card after I have applied for the green card? what is the timeline > > that I have? > > All she needs to do is file an additional I-485 for herself. This will not > affect your timeline. > > You can find CIS processing times here: > https://egov.immigration.gov/cris/jsps/index.jsp > > Jozef > (Not a lawyer) |
Re: Green Card Application for Spouse through Employment - Please Help
"kappa030" <[email protected]> wrote in message
news:[email protected] om... > thanks for your response. I also wanted to find out, what it the > latest that she can do that?....is there a point in my greencard > application process that after that, my wife cannot apply for a > greencard through me? That would be once your I-485 is adjudicated. > and can she still apply for H4? No. Since you will no longer be in H-1B status, she won't be able to apply for an H-4 visa anymore. > or she has to > wait out of the country? Yes, you will then have to file an I-130 immigration petion in the F-2A category on her behalf. Currently, there is a 4 year backlog in this category. > "Jozef" <jozef.*take this out*[email protected]> wrote in message news:<02O3d.2502$Bg5.286@trnddc07>... > > "kappa030" <[email protected]> wrote in message > > news:[email protected] m... > > > I would appreciate your input in the following: > > > If I have already applied for green card, concurent filing, through my > > > employer, what is the latest that I can include my wife on the > > > application if I didnt originally include her (we were married before > > > I applied for green card) i.e. can I include my wife to get a green > > > card after I have applied for the green card? what is the timeline > > > that I have? > > > > All she needs to do is file an additional I-485 for herself. This will not > > affect your timeline. > > > > You can find CIS processing times here: > > https://egov.immigration.gov/cris/jsps/index.jsp > > > > Jozef > > (Not a lawyer) |
Re: Green Card Application for Spouse through Employment - Please Help
JUST TO CLARIFY:
> > thanks for your response. I also wanted to find out, what it the > > latest that she can do that?....is there a point in my greencard > > application process that after that, my wife cannot apply for a > > greencard through me? > > That would be once your I-485 is adjudicated. THAT MEANS I HAVE APPROXIMATELY 3-4 YEARS TO APPLY FOR HER UNTIL THE I485 IS ADJUDICATED?? > > and can she still apply for H4? > > No. Since you will no longer be in H-1B status, she won't be able to apply > for an H-4 visa anymore. BUT I CAN STILL APPLY FOR H4 FOR HER ANYTIME DURING THE NEXT 3-4 YEARS UNTIL THE I485 IS ADJUDICATED?? > > > or she has to > > wait out of the country? > > Yes, you will then have to file an I-130 immigration petion in the F-2A > category on her behalf. Currently, there is a 4 year backlog in this > category. > > > > > "Jozef" <jozef.*take this out*[email protected]> wrote in message > news:<02O3d.2502$Bg5.286@trnddc07>... > > > "kappa030" <[email protected]> wrote in message > > > news:[email protected] m... > > > > I would appreciate your input in the following: > > > > If I have already applied for green card, concurent filing, through my > > > > employer, what is the latest that I can include my wife on the > > > > application if I didnt originally include her (we were married before > > > > I applied for green card) i.e. can I include my wife to get a green > > > > card after I have applied for the green card? what is the timeline > > > > that I have? > > > > > > All she needs to do is file an additional I-485 for herself. This will > not > > > affect your timeline. > > > > > > You can find CIS processing times here: > > > https://egov.immigration.gov/cris/jsps/index.jsp > > > > > > Jozef > > > (Not a lawyer) |
Re: Green Card Application for Spouse through Employment - Please Help
"kappa030" <[email protected]> wrote in message
news:[email protected] om... > JUST TO CLARIFY: > > > thanks for your response. I also wanted to find out, what it the > > > latest that she can do that?....is there a point in my greencard > > > application process that after that, my wife cannot apply for a > > > greencard through me? > > > > That would be once your I-485 is adjudicated. > THAT MEANS I HAVE APPROXIMATELY 3-4 YEARS TO APPLY FOR HER UNTIL THE > I485 IS ADJUDICATED?? Yes. (please turn off your caps lock. All caps is hard to read and equivalent to SHOUTING) > > > and can she still apply for H4? > > > > No. Since you will no longer be in H-1B status, she won't be able to apply > > for an H-4 visa anymore. > BUT I CAN STILL APPLY FOR H4 FOR HER ANYTIME DURING THE NEXT 3-4 YEARS > UNTIL THE I485 IS ADJUDICATED?? Yes. You can do both. File an I-485 for her and, as long as you are in H-1B status, she can maintain H-4 status. > > > > > or she has to > > > wait out of the country? > > > > Yes, you will then have to file an I-130 immigration petion in the F-2A > > category on her behalf. Currently, there is a 4 year backlog in this > > category. > > > > > > > > "Jozef" <jozef.*take this out*[email protected]> wrote in message > > news:<02O3d.2502$Bg5.286@trnddc07>... > > > > "kappa030" <[email protected]> wrote in message > > > > news:[email protected] m... > > > > > I would appreciate your input in the following: > > > > > If I have already applied for green card, concurent filing, through my > > > > > employer, what is the latest that I can include my wife on the > > > > > application if I didnt originally include her (we were married before > > > > > I applied for green card) i.e. can I include my wife to get a green > > > > > card after I have applied for the green card? what is the timeline > > > > > that I have? > > > > > > > > All she needs to do is file an additional I-485 for herself. This will > > not > > > > affect your timeline. > > > > > > > > You can find CIS processing times here: > > > > https://egov.immigration.gov/cris/jsps/index.jsp > > > > > > > > Jozef > > > > (Not a lawyer) |
Re: Green Card Application for Spouse through Employment - Please Help
"Jozef" <jozef.*take this out*[email protected]> wrote in message
news:p3L4d.5750$Co1.846@trnddc02... > "kappa030" <[email protected]> wrote in message > news:[email protected] om... > > JUST TO CLARIFY: > > > > thanks for your response. I also wanted to find out, what it the > > > > latest that she can do that?....is there a point in my greencard > > > > application process that after that, my wife cannot apply for a > > > > greencard through me? > > > That would be once your I-485 is adjudicated. Actually, she can "follow-to-join" using your PR application process after the I-485 approval. There is no limit, theoretically, to the time she has to "follow-to-join" you, as long as she remains married to you. If she is in the U.S. in H-4 status, she would fall brieflly out of status after your I-485 is approved, but she could still file Form I-485 under 245k. If she never enters the U.S. in H-4 status, the process will take much longer. After the I-485 approval, you will have to file Form I-824 asking that a duplicate approval notice be sent to the NVC to initiate consular immigrant visa processing for her. This could take a year or two. However, it will not take nearly as long as a separate I-130 Relative Petition process would take in category Family 2A, with you as petitioner. This would be necessary if the marriage had occurred after you obtained permanent resident status. > > THAT MEANS I HAVE APPROXIMATELY 3-4 YEARS TO APPLY FOR HER UNTIL THE > > I485 IS ADJUDICATED?? Some I-485s have been moving much faster lately. At the CSC, some have recently taken about one year from filing to approval. While you still hold H-1B status, she would have to obtain an H-4 visa and enter the U.S. in H-4 status. After she has entered the U.S., she can file Form I-485. > Yes. (please turn off your caps lock. All caps is hard to read and > equivalent to SHOUTING) > > > > and can she still apply for H4? > > > No. Since you will no longer be in H-1B status, she won't be able to apply > > > for an H-4 visa anymore. > > BUT I CAN STILL APPLY FOR H4 FOR HER ANYTIME DURING THE NEXT 3-4 YEARS > > UNTIL THE I485 IS ADJUDICATED?? > Yes. You can do both. File an I-485 for her and, as long as you are in H-1B > status, she can maintain H-4 status. > > > > or she has to wait out of the country? > > > Yes, you will then have to file an I-130 immigration petion in the F-2A > > > category on her behalf. Currently, there is a 4 year backlog in this > > > category. This happens not to be the case. > > > > "Jozef" <jozef.*take this out*[email protected]> wrote in message > > > news:<02O3d.2502$Bg5.286@trnddc07>... > > > > > "kappa030" <[email protected]> wrote in message > > > > > news:[email protected] m... > > > > > > I would appreciate your input in the following: > > > > > > If I have already applied for green card, concurent filing, through my > > > > > > employer, what is the latest that I can include my wife on the > > > > > > application if I didnt originally include her (we were married before > > > > > > I applied for green card) i.e. can I include my wife to get a green > > > > > > card after I have applied for the green card? what is the timeline > > > > > > that I have? > > > > > > > > > > All she needs to do is file an additional I-485 for herself. This will not > > > > > affect your timeline. > > > > > > > > > > You can find CIS processing times here: > > > > > https://egov.immigration.gov/cris/jsps/index.jsp |
Re: Green Card Application for Spouse through Employment - Please Help
"Sylvia Ottemoeller" <[email protected]> wrote in message
news:[email protected]... > "Jozef" <jozef.*take this out*[email protected]> wrote in message > news:p3L4d.5750$Co1.846@trnddc02... >> "kappa030" <[email protected]> wrote in message >> news:[email protected] om... >> > JUST TO CLARIFY: >> > > > thanks for your response. I also wanted to find out, what it the >> > > > latest that she can do that?....is there a point in my greencard >> > > > application process that after that, my wife cannot apply for a >> > > > greencard through me? >> > > That would be once your I-485 is adjudicated. > Actually, she can "follow-to-join" using your PR application process after > the I-485 approval. There is no limit, theoretically, to the time she has > to "follow-to-join" you, as long as she remains married to you. Thanks, didn't know that... does makes sense of course - learning every day! :) > If she is in the U.S. in H-4 status, she would fall brieflly out of status > after your I-485 is approved, but she could still file Form I-485 under > 245k. > If she never enters the U.S. in H-4 status, the process will take much > longer. After the I-485 approval, you will have to file Form I-824 asking > that a duplicate approval notice be sent to the NVC to initiate consular > immigrant visa processing for her. This could take a year or two. > However, it will not take nearly as long as a separate I-130 Relative > Petition process would take in category Family 2A, with you as petitioner. > This would be necessary if the marriage had occurred after you obtained > permanent resident status. >> > THAT MEANS I HAVE APPROXIMATELY 3-4 YEARS TO APPLY FOR HER UNTIL THE >> > I485 IS ADJUDICATED?? > Some I-485s have been moving much faster lately. At the CSC, some have > recently taken about one year from filing to approval. > While you still hold H-1B status, she would have to obtain an H-4 visa and > enter the U.S. in H-4 status. After she has entered the U.S., she can > file > Form I-485. >> Yes. (please turn off your caps lock. All caps is hard to read and >> equivalent to SHOUTING) >> > > > and can she still apply for H4? >> > > No. Since you will no longer be in H-1B status, she won't be able to > apply >> > > for an H-4 visa anymore. >> > BUT I CAN STILL APPLY FOR H4 FOR HER ANYTIME DURING THE NEXT 3-4 YEARS >> > UNTIL THE I485 IS ADJUDICATED?? >> Yes. You can do both. File an I-485 for her and, as long as you are in > H-1B >> status, she can maintain H-4 status. >> > > > or she has to wait out of the country? >> > > Yes, you will then have to file an I-130 immigration petion in the > F-2A >> > > category on her behalf. Currently, there is a 4 year backlog in this >> > > category. > This happens not to be the case. >> > > > "Jozef" <jozef.*take this out*[email protected]> wrote in message >> > > news:<02O3d.2502$Bg5.286@trnddc07>... >> > > > > "kappa030" <[email protected]> wrote in message >> > > > > news:[email protected] m... >> > > > > > I would appreciate your input in the following: >> > > > > > If I have already applied for green card, concurent filing, > through my >> > > > > > employer, what is the latest that I can include my wife on the >> > > > > > application if I didnt originally include her (we were married > before >> > > > > > I applied for green card) i.e. can I include my wife to get a > green >> > > > > > card after I have applied for the green card? what is the > timeline >> > > > > > that I have? >> > > > > >> > > > > All she needs to do is file an additional I-485 for herself. This > will not >> > > > > affect your timeline. >> > > > > >> > > > > You can find CIS processing times here: >> > > > > https://egov.immigration.gov/cris/jsps/index.jsp > |
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