Husband on B1: Wife is US Citizen

2

22vishu

New Member
Hi ,

I was working in US working on L1. Got married while my wife was applying for her citizenship.

In the mean time I had to go back to India as my I-94 expired.

I came back to US on B1. Now my wife is US citizen.

My question is :

1) Can my wife file for my green card showing that I am currenlty in US?

2) If answer of question 1 is "YES" then how long will it take to get an EAD?

I am eagerly waiting for the response. Please response.

Thanks and Regards.
Vishu
 
1) Yes, but you could run into trouble if you file I-485. Attempting adjustment of status from B1/B2 status is frowned upon and they can deny your green card for doing so. You were already married when you entered with the B visa ... if you file I-485, do you expect them to believe you didn't already have plans to immigrate after entering with the B visa?

2) If you file the I-485, you can get an EAD in 1-3 months, but filing I-485 carries the risk I mentioned above. If you request consular processing and leave before the I-94 expires you won't have that risk, but then you can't get an EAD and you'll have to wait outside the US for 6-12 months to get a green card interview at the consulate.
 
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