Filing for my wife's Green Card and am concerned!

D

dallas812

Registered Users (C)
Hello All,
I recently became a citizen and would like to file for my wife's green card. She already has an approved I140 but cant file for her I485 due to her priority date not being current. I am assuming that I can't just file for her I485 in the family category, I will have to file for both I130/I485?

Currently she is on H1 and on "bench". She is employed with a consulting company and not getting paid till she finds a new client. Is it OK to apply for her Green Card in the family category during this time? The reason that I am concerned is that she doesnt have any recent paycheck (her last one is from August) so in case if we get a RFE about her H1 status and are asked to provide a recent paycheck, we may have an issue.

Please let me know.

Thanks,
 
dallas812 said:
I recently became a citizen and would like to file for my wife's green card. She already has an approved I140 but cant file for her I485 due to her priority date not being current. I am assuming that I can't just file for her I485 in the family category, I will have to file for both I130/I485?
Click to expand...

That's correct. You need to file a new I-130 for her, as well as the I-485.

Currently she is on H1 and on "bench". She is employed with a consulting company and not getting paid till she finds a new client. Is it OK to apply for her Green Card in the family category during this time?
Click to expand...

She's not applying in the family category, she's actually applying as an "Immediate Relative" so the out of status period will not harm her. Don't conceal it if asked.

PS: The day you receive her I-485 receipt, have her file a complain with DOL so she can get all of her back wages while she was on the bench.
 
Hello All,
I recently became a citizen and would like to file for my wife's green card. She already has an approved I140 but cant file for her I485 due to her priority date not being current. I am assuming that I can't just file for her I485 in the family category, I will have to file for both I130/I485?
Just apply for brand new I 130 and I 485 simultaneously her I 140 will be automatically ignored.

"Currently she is on H1 and on "bench". She is employed with a consulting company and not getting paid till she finds a new client. Is it OK to apply for her Green Card in the family category during this time? The reason that I am concerned is that she doesnt have any recent paycheck (her last one is from August) so in case if we get a RFE about her H1 status and are asked to provide a recent paycheck, we may have an issue".

There wont be any RFE's about her paychecks infact her status is not an issue as long as she entered USA with a valid Visa. You don't have to submit any paystubs of her for any of the I130/I 485 package.Just mention who her employer is in the forms and if asked at interview.

I was in exact same situation and faced no difficulties what so ever.
 
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