I have pending 485, what's the best/quickest way to get my wife?

[kidd636]

I am currently in a US with a pending I-485. I just got married in the Philippines last month, and now I'm back here in the US still with a pending I-485. My wife was left behind in the Philippines after the marriage.

Now, our company lawyer told me that I could not concurrently file my wife's GC papers UNLESS she is HERE in the US, and what will happen is that I have to wait until my GC gets approved, and that's the only time I could only start filing my wife's "Follow-To-Join". Is this true? I was hoping that I could start my wife's GC papers processing without having to wait for my I-485 approval.

By the way, what's the difference between "consular processing" and "follow-to-join" processing?

Thanks in advance for your help.

 

[TheRealCanadian]

Now, our company lawyer told me that I could not concurrently file my wife's GC papers UNLESS she is HERE in the US, and what will happen is that I have to wait until my GC gets approved, and that's the only time I could only start filing my wife's "Follow-To-Join". Is this true?

Yes, unless you are in the US on an H-1, H-2, H-3 or L-1 visa, or if your wife qualifies for the same.

I was hoping that I could start my wife's GC papers processing without having to wait for my I-485 approval.

Maybe.

By the way, what's the difference between "consular processing" and "follow-to-join" processing?

Follow-to-join means that dependents outside the US when the primary applicant was approved can get their GC afterwards to join him or her. This can be done via Consular Processing, or via AOS if they qualify.

 

[kidd636]

Thanks for the quick reply sir. I understand "consular processing" is when the processing is done at the applicant's consulate in his/her foreign country right?

What does AOS mean or stand for by the way?

 

[PraetorianXI]

AOS (form I-485) means Adjustment of Status. Meaning change of status with USCIS once a person is in the US already.