Hi Folks,
I'm looking at ways to get my wife adjusted to GC status. She is not an Asylee.
We got married in the US before I applied for GC. And after reading the USCIS website extensively, it seems there is something called "Following-to-Join" Benefit if the marriage existed before my adjustment application. This may allow us to avoid the Form I-130 petition for a visa to become available.
Here is the info I read:
--------http://uscis.gov/graphics/howdoi/Appproc.htm
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
--------
How do you read this ? In my understnding since I became an LPR through the asylee process, it may NOT be possible to go through this route. They explicitly mention how you became an LPR (employment, diversity, etc..) as being applicable.
What do you think guys ??
Your inputs is much appreciated.
I'm looking at ways to get my wife adjusted to GC status. She is not an Asylee.
We got married in the US before I applied for GC. And after reading the USCIS website extensively, it seems there is something called "Following-to-Join" Benefit if the marriage existed before my adjustment application. This may allow us to avoid the Form I-130 petition for a visa to become available.
Here is the info I read:
--------http://uscis.gov/graphics/howdoi/Appproc.htm
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
--------
How do you read this ? In my understnding since I became an LPR through the asylee process, it may NOT be possible to go through this route. They explicitly mention how you became an LPR (employment, diversity, etc..) as being applicable.
What do you think guys ??
Your inputs is much appreciated.