Experts pls help!!

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yafayez

Registered Users (C)
I applied for I-140 and I-485 concurently (EB2). I received approval for I-140 while I-485 is still pending. I did not yet apply for my wife. I wonder when should I apply for my wife (is it now) or after I get the Green Card. By the way, I added my wife's name in my applications. I also have one question, do I need to apply for I-130 for her or just skip it and apply for I-485.

Experts pls help.
 
Don't panic,

If she is here file immidiately 130 and 485.

if she is outside US and can't come here immidiately here, than,
Because u alredy married before ur 485, You are lucky you will not need to go on 130 path(Family based), All u need to go the 'FTJ' (following-to-join) path. she is eligable to get benifit of FTJ becz marriage is occured before 485 approval.

read this.

http://uscis.gov/graphics/howdoi/appproc.htm#Following

It mean, after approval u will file I824(to ask USCIS to inform US consulate at ur home country that ur status has been adjusted, so ur spouse can apply for Immigrant visa).

Than u will send doc along with 824 receipt and supporting documents to consulate once they receive they would create/initiate case for her, and Packet-3(form DS230 etc) will be sent to her. she would fill out send back and then they would issue another letter for interview, at intervew all marriage doc/proof will be shown , they would issue immg-visa to her , once she arrives, her GC will be mailed withing few weeks, have a happy ending. :D


if u are FTJ than I would encourage u to read these thread where u would fine everyting , don't hesitate to post question if u have :D

http://boards.immigrationportal.com/showthread.php?t=96693&page=92&pp=15

Read page 60- 85 last.


Good Luck
 
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What if

My wife is now outside the U.S. but has a B2 Visa that is valid up to 2006. Can she come on this Visa aso that I can apply for I-130 and I-485 for her when she is here??.

Also, will it be a problem to enter the states with B2 visa while she is married to a GC holder. You kind advice is appreciated. Thanks a lot.
 
>>>My wife is now outside the U.S. but has a B2 Visa that is valid up to 2006. Can she come on this Visa aso that I can apply for I-130 and I-485 for her when she is here??.


130+485 will be only submited when she is here present in US.



>>Also, will it be a problem to enter the states with B2 visa while she is married to a GC holder. You kind advice is appreciated. Thanks a lot.

Yes and No, if B2 is achived and Alien entered based on false statement(except an honest mistake) they may cause to triger the interview. However as dependant case they won't be doing much, but u may have enough hardtime /uncertainity and fear from them on that act.

Note: if she is catched and they discover truth, just be aware of several year bar on her re-entry/issue visa. once spouse lie to consulate learned, they are authorized to take any decision, even on Port of entry,


Once shared a US-Citizen parrents got visa based on intentionaly not telling them about US-Citizen or thier immigrant intentions, later when 130+485 filed it trigered the interview, and INS asked why (parents) they submited declare at time of visit visa.

Think twise , estimate ur time and risks involved to bring her here,
U decide ur best.

Btw when marriage occured were you there?


Just personal Adv, don't mess-up her simple case.



Good Luck
 
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Here is the case

We got married back in our home country (India). I came with here in the U.S. ( I was on F1 Visa and she on B2 Visa). I got a job and hence an H1 Visa and she changed the status to H4 (not having her passport stamped). She returned to home country (emergency) during my I-140/485 pending. I am now in the U.S. while she is in the home country with the valid B2 visa. Can she come visit me on B2 Visa and can she state this to the immigration officer freely without problems. This is my questions. Thans a million.
 
>> I got a job and hence an H1 Visa and she changed the status to H4 (not having her passport stamped).

Should I assume, ur current status H1 is valid till now?


>>She returned to home country (emergency) during my I-140/485 pending. I am now in the U.S. while she is in the home country with the valid B2 visa.


Did she never applied H4? and INS is unaware of it and about ur marriage?



>>Can she come visit me on B2 Visa and can she state this to the immigration officer freely without problems. This is my questions. Thans a million.



At time of B2 were u married?

If u were than did she declare her marriage to them?


Good Luck
 
PrinceofJungle said:
>> I got a job and hence an H1 Visa and she changed the status to H4 (not having her passport stamped).

Should I assume, ur current status H1 is valid till now?

@@@@@Exactly. I am on H1 now

>>She returned to home country (emergency) during my I-140/485 pending. I am now in the U.S. while she is in the home country with the valid B2 visa.


Did she never applied H4? and INS is unaware of it and about ur marriage?

@@@@INS is aware of our marriage. INS actually issued here a change of status from B2 to H4 while she was in the states.


>>Can she come visit me on B2 Visa and can she state this to the immigration officer freely without problems. This is my questions. Thanks a million.



At time of B2 were u married?

No. we got married 1.5 years ago. She got her B2 visa 4 years ago. So we were not married

If u were than did she declare her marriage to them?
No. We were not. She was single

Good Luck
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