Help! Married before I-140/485, I got GC, but my spouse did not

B

binder

Registered Users (C)
I know I am stupid, but can anyone help what we can do now?

We married in the US before I filed I-140 and I-485. For some reason, my husband did not join me to file his I-485. Both of us were H-1B at the time. Now I have got my case approved...My husband is still holding his H1B. I just wonder if there is anyway for him to file I485 based on the fact that our marriage was way before my GC application? Or anyway for him to get EAD so there is less stress in keeping his job?

Please help! Thanks!
 
the way is called "following to join" and it is widely discussed in the Family immigration subforum.
 
binder said:
I know I am stupid, but can anyone help what we can do now?

We married in the US before I filed I-140 and I-485. For some reason, my husband did not join me to file his I-485. Both of us were H-1B at the time. Now I have got my case approved...My husband is still holding his H1B. I just wonder if there is anyway for him to file I485 based on the fact that our marriage was way before my GC application? Or anyway for him to get EAD so there is less stress in keeping his job?

Please help! Thanks!
Click to expand...

As he is in H1 and you were marriage before I-485 approval, he can file his I-485. He can file his EAD application alongwith his I-485 too.
 
You can apply for a 'follow-to-join' at the consulate. Meanwhile your husband can stay here on his H1b and continue on it. Till the time his GC is approved from the consulate he'll have to keep on extending his H1b. This could go on for atleast 3-4 years though.
 
pv1976 said:
You can apply for a 'follow-to-join' at the consulate. Meanwhile your husband can stay here on his H1b and continue on it. Till the time his GC is approved from the consulate he'll have to keep on extending his H1b. This could go on for atleast 3-4 years though.
Click to expand...

Why consulate? He can file his I-485 and stay in USA as long as it's pending. You are confusing with family-based GC, which is quite different from her hunband's case. Even for employment based FTJ CP it does not take 3-4 years.
 
You must log in or register to reply here.
Top