Process of GC from H4

[My Melody]

I have a friend who is on H4, as her husband is working on H1 here. They married in the US years ago. The husband had applied from Employment-based Immigration, and probably his GC will be approved soon. Will my friend get hers automatically at the same time her husband's GC is approved?

[NJGIRL]

Yes she will get the green card as long as her name was written on the initial application that was filed by her husband's employer and all documents was sent in that establish their relationship (marriage certificate).

[My Melody]

Thanks NJGIRL,
Do you have any idea of the time frame or how to look up the pocessing time on USCIS website? Thanks again :-)

[cherr1980]

Is not "automatically", she must be in his application and all the paperwork.

Good luck,

[Jim Mills]

She needs to file an I485 to adjust status. She should do that BEFORE her husband's I-485 application for adjustment of status is approved. The day that he adjusts status, his H-1B status terminates. When his H-1B status terminates, her H-4 status also terminates. She then begins to accumulate unauthorized presence. If she hits 180 days of unauthorized presence, she will not be able to obtain a green card without leaving the US and may be subject to a 3 or 10 year bar to reentry when she leaves.

Although the advice your received from NJGIRL may be what you wanted to hear, it is incorrect.

[My Melody]

Thanks Cherr1980 & Jim Mills,
I didn't give a clear picture of my friend's situation, and I thought NJGIRL assumed my friend's husband had included my friend in his application. They submitted the application through his company attorney, so all receipt letters were at husband's hand. She only got an approval notice of like "I539" expired August, 2006. She is sured that her husband had filed her I485 too. Then she is AOS, not H4, can she apply for SSN or EAD? They didn't live together but her hushand helped in renting a place for her and everything. If she has SSN and EAD, she can be independent on him. Another question is she has an USC boy friend now and intends to divorce her husband and re-marry. But her husband begged her to divorce later, after GC approval, as it will be soon. We are wondering which case will be faster.

[NJGIRL]

My understanding was her friend's name was included in the intital application that was filed for him to adjust his status. It seems that wasn't the case, which means that she will have to wait until her husband get approved before he can file for her. Been on PR, it takes longer to get a visa number for a spouse. Lawyers do advise that petitioner wait until after attaining citizenship to file for their spouses.
So in that case, it will take more than five years for your friend to get a PGC if approved since they've been married all these years. The benefits that comes when a USC apply for a spouse like working whilst the application is pending doesn't apply to GC holders.
I dont believe that one should stay married someone just because they want to get their green card. if the love is no longer there, then she should leave but it takes a yr in most states to get a divorce since one has to be seperated for at least a yr. if she is going to divorce her hubby, she better do it here since both of them are living in the states otherwise she will have problems at the end of the day. Similar thing happen to one of the people on this forum. First thing first, if she really think she cannot deal with her hubby then she should move on before ever thinking about marrying someone else.

[My Melody]

I don't really understand their relationship, just heard it from my friend. I met her here. Because we came from the same country, we became good friends afterwards. I think the husband had been here for 6 years with working visa. He invited her to come here, dated for a while, then married. Then her husband filed for Employment-based AOS. Her name was included in the application. Her husband always said he loved her, but not in love with her, and he is still looking for true love. She hangs around with the husband just in the hope that he will change, but in vain. Now, she decided to give up him, but she will have to go back her country. She wants to stay here. What should she do? We could only think of remarry so that she won't be illegal here.

[My Melody]

Another question for my friend. Can she apply for SSN while AOS pending. What procedures she has to take? Thanks for any advice and input:-)

[cherr1980]

If she has an EAD she can apply for SSN, she just must go with her card to the nearest SSA.

[My Melody]

She said she didn't had EAD, as H4 is not allowed to work. I told her that once she has the AOS going on, she probably is no longer H4. I guessed she is like the marriage-based AOS (as my case), she can apply for EAD and AP. She insisted that she had been travelling back and forth her home country several times with the H4 visa in her passport since her husband's company filed the application for GC for them. Can she or does she need to apply for EAD?