Can GC holder wife file I-130/485 for husband who is in US last 11 months on B1, with expired I-94, awaiting I-539 extension decision

#41
And a supplemental query - If priority date is to be entered from current (Nov) visa bulletin for her EB category, is it the Final Action date or Date of Filing Application?
 

newacct

Well-Known Member
#42
Thanks @newacct as per your experience, is it ok to file without 693 (and send 693 in 1-2 weeks). Not a reason to reject right.
Yes. You can send the I-693 medical in response to an RFE or, if you don't get an RFE, bring it to the interview.

And in summary, in my case of spouse of employment based GC holder where marriage occurred much before GC, I am going to file 485 & 944 (plus 765/131) and both 130 and 864 are not needed.
yes

hI @newacct - I asked this once, but still unclear. If wife already GC, then in 485 Part 2 Item 18, do I fill her underlying petition receipt (140 or 485?) and its priority date?
The receipt number and priority date of her I-140.
 
#43
Hi @newacct - Is there any USCIS or related documentation that actually says 130 need not be filed if principal applicant mentioned spouse name and marriage in 140. Actually I am jittery about this coz wherever I read, it says sponsoring spouse has to petition with 130
 
#45
I am not sure which part you are having doubts about. As you probably know, most immigration categories have derivative beneficiaries. So, for example, if a citizen petitions their sister, when the sister immigrates, her husband and under-21 unmarried children can immigrate with her as derivative beneficiaries, without her needing to file I-130 for them after she gets her green card. Or when a company petitions an employment-based immigrant, like your wife, when she immigrates, her husband (you) and under-21 unmarried children can immigrate with her as derivative beneficiaries, without her needing to file I-130 for them after she gets her green card. This is true no matter if they are doing Adjustment of Status in the US or Consular Processing abroad. The derivative relationship just has to exist as of the day the principal beneficiary becomes a permanent resident (i.e. I-485 is approved or enters the US with their immigrant visa). Here is the section of the USCIS Policy Manual on Adjustment of Status for derivatives.

Perhaps the difference is that you are not sure about whether the derivative can immigrate after the principal immigrant immigrates? They can, and there is no time limit for a derivative to follow to join a principal beneficiary, as long as the principal beneficiary remains a permanent resident (hasn't become a citizen and hasn't abandoned residence), and a visa number is still available for the principal's category and priority date.
 
#46
Basically I wondered why principal does not need to petition (I130 or 824) and only derivative's petition suffices. I mean USCIS does not need any statement or signature from principal - that made me wonder.
What you wrote makes it amply clear @newacct - so is I-130 only for cases where marriage occurs after principal files their GC?
 
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