Kappa030

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

Jozef

"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)

Kappa030

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)

Jozef

"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)

Kappa030

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)

Jozef

"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)

Sylvia Ottemoeller

"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

Jozef

"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
    >