SanDiegogirl

OK ........ I presumed that if the OP's husband applied for a Green card that he would "automatically" (there's that word again) applyfor/include his family too.

Yes, of course there would have to be work done, in that the family names and particulars would need to be included on the Green Card application forms.

ian-mstm

Words have specific meanings. If by "automatic" you mean something else, perhaps you should use that word instead. If you can not adequately find an alternate word, then perhaps you should refrain from responding.


May I suggest that, for future posts, you do some research first.

Ian

TheCynick

Having just submitted our Adjustment of Status applications, I can attest to the fact that there is nothing "automatic" about the paperwork required for myself, my Good Lady and The Nipper. Three sets of forms to fill in, three medicals, and three filing fees.

S Folinsky

There is no need to apologize.

I made my comment inasmuch as I am aware of a situation in the law where the word "automatic" has done mischief.

shullen

When I looked throgh the Expat forum, it seemed that you can file L1 and L2 at the same time? What about the timing for GC? Do I have to wait till my husband get GC first, or can we all appy for GC at the same time?

shullen

SanDiegogirl was only trying to be helpful here. Thanks for all the senior members to clarify the terms for me.

meauxna

You quoted the answer already.. "When a petition is approved for the main beneficiary (the L-1) and he is instructed to apply for Permanent Residence (form i-485), his family members may also apply."

You apply at the same time as your husband. In a perfect world, you all get the green cards at the same time, but this is not guaranteed either.

shullen

Many thanks for all the advice I've given in the forum. We've requested the addition of the penalty terms from the company. Finally now in the 3rd offer letter my husband was given, they've added the terms of compensation up to $20,000 in terms of repatriation and associated costs, and severance costs of up to six months. Is this offer reasonable?

retzie

This is a slight side-track (please split off if it is not slight enough):

If each spouse has an independent visa (eg. both have their own H-1B) and only one EB-2 petition is forthcoming, is the non-petitioned H-1B equally eligible to be included on the GC application at this point?

Background: I have recently learned that friends (a married couple) are in the situation where Husband has received his GC, but Wife was never included on his GC application (apparently the lawyers "never presented this as an option.") This has left on her own H-1B and it seems that her only path to a GC is now by sponsorship as the spouse of an LPR, which could well exceed the 3 H-1B years she has left available.

This all sounded very peculiar to me and reports about the lawyers involved do not exactly inspire trust... Any learned opinions would be much appreciated

scrubbedexpat099

There is no necessity for someone to include a spouse or children.

You wonder why he did not...

She can get a GC on her own merits or get her Husband to sponsor her.

retzie

She is desperate for a GC, so she can supplement her income (I'm pretty sure hers must be the lowest paid H-1B ever.) The lawyers never presented filing along with her husband as an option, though they were certainly aware of the circumstances, as they were concurrently handling her H-1B renewal. There is no chance of her own EB-2/anything else (the H-1B is a 'favour' as it is, falling under spousal hire.)

I just wasn't sure if non-connected visas were some special case that precluded applying together. If not, this is a devastating oversight.

scrubbedexpat099

It would be a good tactic is both spouses have independent ways of seeking GC's, good insurance and you can take which ones come first.

Perhaps there was a reason she was not included? Always difficult when the information is secondhand.

shullen

Sorry we seemed to discussing a different issue here now. Can any senior member still answer my previous question please?

meauxna

This question does not pertain to this thread, actually. You should post questions about relocation packages and terms in the USA Forum of the site.

shullen

Just had a turn of events today. My husband has verbally accepted the job offer yesterday. However, only by examining the offer letter word by word, and talking to the HR lady in US, we found out that all his company agreed for was to get us the working visa (L1 and L2). The words "green card" has popped up a fews times in emails and conversations but they have carefully choose not to put it in the offer letter. What should we do now? I understand the importance of getting green card in US for the family's security. Although agreed by email, my husband hasn't actually sign the letter. Should we push them to put it down in writing, or is it too late?