It's true that he can apply on a special condition. But I tend to agree with his lawyer that it's already too late. It's still all his fault that he never applied for his wife's AOS.
I understand that he's alerady L Permanent Resident and has to follow the process on regular basis as all LPR do for spouses.
Another member with similar experince here:
29th May 2002, 01:51 AM
Confused-by-INS
Junior Member Join Date: May 2002
Posts: 1
No Title
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Hi,
I am very confused about my Greencard processing .... would appreciate any advice. I am in US on an H1B visa since March 2000. I got married last October and my husband got his Greencard one month after that on November 7th. Since my husband\'s I485 was already filed, my name could not be included in his application, nevertheless, I went with his for his GC interview hoping that the interviewer would include my name on his application on a "following to join" status. However, the interviewer told us it was not possible to include my name and that my husband would have to file for my Greencard separately on a family based petition. We later found out from a lawyer that since we did get married before my husband got his GC, that it was possible to apply for my GC on a special condition and that way my GC processing would be faster. However, we got conflicting opinions from different lawyers.
I know there's a difference because Confused- by- INS got married after 485, however it still put them in one boat, because their husbands are LPRs already.
It's just a mistake he never applied for her with the inital filling of 485. That's my opinion.
Westcoastdude, better get consultation with several lawyers and decide. You see me and unitednations have conflicting opinions here.I dont say I am right (that's personal opinion and point of view of the law) lawyers may also give you different advices. Try to get a hold of an experienced lawyer to make sure all the info you get is right.
