Approved GC adding wife

B

billbuff123

New Member
Hi,

Please advice me for my situation.

I came to Us on F1 and after OPT, then H1 then GC

I brought my wife from India on H4 after coming to US I came to Know that I got the GC in my mail. As per my lawyer he said she can stay in US until her I-94 expires that is feb 2011. And I am waiting for my priority dates to be current May 2006 EB2.


Now she is staying with with me.

Is this the only way that I can add her to my I-485? are there any other options.

Thanks,
Bill
 
billbuff123 said:
Hi,

Please advice me for my situation.

I came to Us on F1 and after OPT, then H1 then GC

I brought my wife from India on H4 after coming to US I came to Know that I got the GC in my mail.
------------------if you got the GC approved then she canot be on H4 status.
As per my lawyer he said she can stay in US until her I-94 expires that is feb 2011.
And I am waiting for my priority dates to be current May 2006 EB2.
----------------------if your priority dates is not current then how did you got Green Card?
Now she is staying with with me.

Is this the only way that I can add her to my I-485?
------------------- You post you got GC and in same post you are saying about your I-485. if your GC is approved then you dont have your I-485 pending. are there any other options.

Thanks,
Bill
Click to expand...

Read your post again something is missing .
Do you have I-485 pending?
what is your status in US?
if you got Green Card then how can your I-485 be pending??
 
billbuff123 said:
Yes Iam having GC now.
Thanks,
Click to expand...

Do you have Green Card in hands? if you have Green Card then you dont have your I-485 pending. She canot stay in US on H4 visa status as you dont have H1 status. your lawyer gave you wrong info OR you are posting wrong info.
 
I assume he got his GC when all categories were current at certain time (2007). Then the cases retrogressed again and his dependents due to any reason did not apply for I485 at that time. Anyhow, dependents can apply for their I485s even after the principle's GC approval if there is visa number available at the time of application, which I do not think is the case in this post. The lawyer is right, they can stay till the last day stated in their H4 (despite the fact that they are not H anymore because of the GC approval for the H1) with no problem. The only hope is the date became current again because after expiration of the H4 there is no hope for H4 renewal and if they overstayed that date they will be out of status with difficulty to adjust later.
 
Thank you mmed,

yes We came back to us on H1/H4 and then I got the GC but some how I missed the dates and I couldn't apply for my wife. So I am waiting the dates to be current EB2 May 2006 then I will apply I-485 for my wife.

I-94 is valid until feb 2011 so before that these need to be done.

thank you very much for clarifying me.
 
billbuff123 said:
Thank you mmed,

yes We came back to us on H1/H4 and then I got the GC but some how I missed the dates and I couldn't apply for my wife. So I am waiting the dates to be current EB2 May 2006 then I will apply I-485 for my wife.

I-94 is valid until feb 2011 so before that these need to be done.

thank you very much for clarifying me.
Click to expand...

She has valid I-94 does not mean in status. One of the requirement for I-485 is she needs to be in a valid status. If she stays over six months from the date of your green card approval she will be in trouble. Best way is apply for the Some other kind of visa for her.
 
number30 said:
She has valid I-94 does not mean in status. One of the requirement for I-485 is she needs to be in a valid status. If she stays over six months from the date of your green card approval she will be in trouble. Best way is apply for the Some other kind of visa for her.
Click to expand...

This is not the case and from where you got the 6 months limit? From the instructions of I485 "dependants can apply for I485 even after approval of the principal application with no time limit" which does mean, from my understanding, any time during the validity of their dependant visa (H4 in the OP case). The problem is that they can not travel and will stay stand still till either the dates become current again or their H4 status expire and as said no further renewal. The mistake the OP did is that he did not apply for them during the time when the visa was current before and put himself in this situation
 
mmed said:
This is not the case and from where you got the 6 months limit? From the instructions of I485 "dependants can apply for I485 even after approval of the principal application with no time limit" which does mean, from my understanding, any time during the validity of their dependant visa (H4 in the OP case).
Click to expand...

She can apply for the I-485 at any time, provided she is otherwise eligible to adjust status, namely by being in a valid non-immigrant status. The problem is that she is out of status, and after she is out of status for over 180 days she can no longer adjust and needs to do CP.
 
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