AoS for spouse after principal's I485 approval

[CB200716]

Hi,

Anybody in the situation below ? Thanks !

Husband got GC on Oct. 30 2007, based on immigrant petition I-140 (EB1-1 Alien of extraordinary ability). I-140 was filed in Dec. 2005 and approved in Jan 2006. Wife listed on I-140 (Part 7)

Wife (since 1995) could not adjust, as she needs to complete 3 years in H1B status (2005-2008) after being granted a J1 waiver in 2005 (she is an MD).

Can wife simply adjust status in 2008 (after 3 years in H1B) as a derivative (keep the principal's priority date), or she needs her own immigration petition (I140 or I130) ?

 

[number30]

Hi,

Anybody in the situation below ? Thanks !

Husband got GC on Oct. 30 2007, based on immigrant petition I-140 (EB1-1 Alien of extraordinary ability). I-140 was filed in Dec. 2005 and approved in Jan 2006. Wife listed on I-140 (Part 7)

Wife (since 1995) could not adjust, as she needs to complete 3 years in H1B status (2005-2008) after being granted a J1 waiver in 2005 (she is an MD).

Can wife simply adjust status in 2008 (after 3 years in H1B) as a derivative (keep the principal's priority date), or she needs her own immigration petition (I140 or I130) ?

She will have the principal's priority date. It is regular EB green card.

 

[CB200716]

Thanks so much ... that's what I thought, but I keep finding all kinds of confusing (at least for me) info on websites that, otherwise, are very helpful and informative.

For example on Immihelp: http://www.immihelp.com/greencard/adjustmentofstatus/dependents.html
it says, quote:
"Marriage/Child before becoming permanent resident:If the spouse or child is in the US on a valid visa, the individual derivatives may file their form I-485 adjustment of status applications concurently with the form I-485 of the principal applicant, or anytime BEFORE I-485 is approved"

Hope either they are wrong or I do not understand what they mean ...

 

[Cmapocma]

Thanks so much ... that's what I thought, but I keep finding all kinds of confusing (at least for me) info on websites that, otherwise, are very helpful and informative.

For example on Immihelp: http://www.immihelp.com/greencard/adjustmentofstatus/dependents.html
it says, quote:
"Marriage/Child before becoming permanent resident:If the spouse or child is in the US on a valid visa, the individual derivatives may file their form I-485 adjustment of status applications concurently with the form I-485 of the principal applicant, or anytime BEFORE I-485 is approved"

Hope either they are wrong or I do not understand what they mean ...

I saw this interpretation only at immihelp.com

but if you read instructions for the form I-485, then you will see that:

http://www.uscis.gov/files/form/i-485instr.pdf

Who May File This Form I-485?
2. Based on being the spouse or child (derivative) -at the time another adjustment applicant (principal) files to adjust status or at the time a person is granted permanent resident status in an immigrant category that allows derivative status for spouses and children.

A. If the spouse or child is in the United States, the individual derivatives may file their Form I-485 adjustment of status applications concurrently with the Form I-485 for the principal applicant, or file the Form I-485 at any time after the principal is approved, if a visa number is available.​

 

[tammy2]

Thanks so much ... that's what I thought, but I keep finding all kinds of confusing (at least for me) info on websites that, otherwise, are very helpful and informative.

For example on Immihelp: http://www.immihelp.com/greencard/adjustmentofstatus/dependents.html
it says, quote:
"Marriage/Child before becoming permanent resident:If the spouse or child is in the US on a valid visa, the individual derivatives may file their form I-485 adjustment of status applications concurently with the form I-485 of the principal applicant, or anytime BEFORE I-485 is approved"

Hope either they are wrong or I do not understand what they mean ...

It is only if wife is on some dependent visa like H4. If she is on H1 it does not matter.


As Long as you are married before the approval you will come under the EB quota and get the priority date the primary applicant.