Can spouse get GC without staying in US

L

LaborSubs

Registered Users (C)
Hi All,

I got married in Jun 2003. My non-concurrent I-140 was approved in April 2004. Since then, my wife has been staying in UK. She has H-4 visa and visits me in US every 2-3 months.

In May 2004 the 485 application was filed for both of us. My wife plans to move to USA permanently, in 12-18 months time and that is the time period in which I expect my GC to come. Since my wife is not staying in USA, can it negatively affect her GC application or mine. How long she can continue to stay abroad without affecting the GC application.

Thanks
 
Before GC approval, she can stay outside USA as long as she has valid AP/H4 that she can use for re-entry. However, you have to keep in mind following subtle immigration thing:

By law, when an AOS applicant is out of country, he/she is not eligible for final decision for adjucation. Her adjucation shall be continued only after she returns back to USA. Having said that, USCIS is very bad in keeping track all the exit-entry records. That's the reason lots of people get their I-485 approval when they are out of USA for a short period of time, like vacation (by law, they should be approved only after they returns back to USA).
Now, I know this situation for happens only for leaving USA for short period of time. I don't know how it's being handled when a I-485 applicant living outside USA for long time. However, I don't think there is any bad impact in her I-485. In the worst case, her I-485 will be delayed and she will be approved much later than yours.

Things are different after she gets her GC. GC meant for living in USA permanently. She need to live in USA atleast 6 month in a year. If she wants to live more than six months outside USA, she need to get reentry permission for coming back to USA.
 
Agreed with advise above.

LaborSubs you said you filled 485 for both. does ti mean you file two 485? or you file ur Principal applicant and her name as wife follow to join case?

Case: two 485 filled
you also shared that she visits frequently while her status is AOS. using AP mean she does fall in few months (I believe 6 months) restriction, mean she have to be present here in US for certain time and then she can live again. if you are undstandign this and following law you are okay with no issue. she can live with you while her status would be AOS pending. you all fine


Case: one 485 filled and her name as follow to join.
in this case whatever way she visit here, and start living with u you have choice either u file 485 for her using ur principal applicaiotn. so her status would be oky. or she mentain her status herself and at the time of ur approval she can join u or get Gc following the file 824 for derivative relative but she need to get her immig visa from home country/UK.


its up to you which way u like.... it seems u just file in May 2004 so as soon as she join u would be good.

Good luck to you both :D
 
LaborSubs said:
Hi All,

I got married in Jun 2003. My non-concurrent I-140 was approved in April 2004. Since then, my wife has been staying in UK. She has H-4 visa and visits me in US every 2-3 months.

In May 2004 the 485 application was filed for both of us. My wife plans to move to USA permanently, in 12-18 months time and that is the time period in which I expect my GC to come. Since my wife is not staying in USA, can it negatively affect her GC application or mine.
---NO
How long she can continue to stay abroad without affecting the GC application.
--- she has submitted I-485, if she has H4 Visa stamp valid for12-18 months then she can come to US any time on H4 Visa BUT if she does not have H4 visa stamp then she should apply AP while she is IN USA and depart USA with approved AP in hand and be back to USA before her AP expires( for more info on AP warning go to USCIS main page)
*** if you use EAD you will NOT be on H1 status and she will not be on H4 status and will not get H4 visa stamp in future if you use EAD,better keep on extending your H1 status and maintain H1 status so that she can get H4 visa stampand can come to US on H4 visa. she may have to come for Fingerprinting before I-485 approval and if your I-485 are transfred to local USCIS office for Interview then she needs to be present in US
Thanks
Click to expand...
 
How often the USCIS upates its processing times

How often does USCIS update its processing times? two weeks or one month? the last update was June 4, 2004. When will be the next one?
 
How often does USCIS update its processing times

once two weeks? one month? the last was June 4, 2004. when will be the next one?
 
update frequency

I think its bi monthly.( I am not sure).Since last update was june 4 it should be around june 19 or so.....I guess it is due any time now !!!
 
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