Can I apply 'EAD' and 'AP' for my wife? (I'm GC, my wife is H-1B)

hlin4

Registered Users (C)
All,

I have a question and need your suggestions now. Thanks in advance.

I'm a Green Card holder and My wife is H-1B. Both of us are working at United States now. I know it will take long time to apply for GC for my wife since I'm a GC holder, not a Citizen.

I wonder if it's possible and fast that I apply 'EAD' and 'AP' for my wife?

Looking forward to your reply!

hlin4
 
Yes...if she'd filed I-485 already (either by her employment OR sponsored by you)

Satgym73, I haven't filed 485 for my wife yet. So, you mean, I can apply for 485 for my wife and she can get her EAD and AP soon? I know filing 485 for my wife will take very long time for her to get 485 approved because that I'm a GC holder, not a citizen.

Thanks.
 
The question is the following: were you marry before you get the GC or after?
If you get married before you get your GC, she can apply I-485 as a dependent and get EAD and AP. I did this process for my wife and we get all documents for both at the same time (but I could apply for her later). If your marriage occurred after you get you GC, then it's a complete different story because this is a family-based GC. Of course, she can apply for a GC by herself also.
Please gurus, correct me if I'm wrong...
 
dvila, thanks for you reply!

We got married after I got my GC. So, this will be a family based GC; my question here is that whether I still can file EAD and AP for my wife? If so, she will get EAD/AP very fast? (usually, it only takes 3 months to get EAD/AP), of course, it will take very very long for her to get I-485 approved.

I only want to make sure that she can get EAD/AP very soon based on family GC.

Looking forward to everyone's reply!
 
She can't file I-485 until another 4-5 years, unless you become a US citizen before that. And for her EAD and AP, she needs the I-485 to be filed.
 
Thanks for all your replies.

It seems that it's better for me to apply GC for my wife after I become the citizen.
 
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