Filing Green card by spouse

vathsanns

Registered Users (C)
Hi,
I am working on with a H1 visa in California. My wife is about to get her GC in a month from now. She is planning to file for my GC. I read in a web site that if i am staying here legally a I-485 can also be filed with the I-130. Is this true? If so how long will it be before i will get an EAD?

Regards
Vathsan
 
If your wife is getting her GC through employment, you can get your expedited GC through follow-to-join benefit. Read below:

Following-to-Join Benefits for Spouses
Please note: This section is only applicable to lawful permanent residents who did not gain their LPR status as an immediate relative (parent, spouse, or unmarried child under 21 years of age) of a U.S. citizen.
If you were married before you became a lawful permanent resident, and your spouse did not physically accompany you to the U.S., your spouse may be eligible for following-to-join benefits. This means that you do not have to submit a separate Form I-130, Petition for Alien Relative, for your spouse, and your spouse will not have to wait any extra time for a visa number to become available. In this case, you may simply notify a U.S. Consulate that you are a lawful permanent resident so that your spouse can apply for an immigrant visa. Your spouse may be eligible for following-to-join benefits if your relationship still exists and if one of the following is applicable:

You received a diversity immigrant visa
You received an employment-based immigrant visa
You received an immigrant visa based on your relationship to your U.S. citizen sibling
You received an immigrant visa based on your relationship to your U.S. citizen parent when you were already married
 
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