I140 approved & Marriage

R

raiderNation

Registered Users (C)
Friends,
I have my I140 approved and the I485 has been applied for on the 2nd of Feb 2004. I got married on the 20 of august 2004 and my wife will come here on a H4 on the 1st of November 2004.
My questions are
1) By when should add my wifes name on to the petition
2) Can my wife study here and use the permanent resident status as I
already have my EAD and I140 approved
3) Can I apply for a social security number for her using my I140 approval
as she is only eligible for a ITIN number if on H4.

any suggestion is welcome,
RaidersRock
 
1) By when should add my wifes name on to the petition

As soon as she enters USA with her H4. You can keep all the paperworks ready before that so that it does not get delayed after she arrives here - like filling up I-485 forms, taking appointment with doctor for medical checkup etc.


2) Can my wife study here and use the permanent resident status as I
already have my EAD and I140 approved

Yes, she can study, but she cannot claim PR status before her I-485 approval. Your EAD/I-140 is irrlevent here.


3) Can I apply for a social security number for her using my I140 approval
as she is only eligible for a ITIN number if on H4.

She can apply for her SSN after she receives her EAD. Again, your EAD, I-140 are irrlevent for her case.
 
2) Can my wife study here and use the permanent resident status as I
already have my EAD and I140 approved

Some of the schools will accept HER EAD card as a substitute for her PR and will allow her to qualify from in-state tutions, but this depends on the school, so you might want to contact the school to find out if you can get in-state tutions for her.

3) Can I apply for a social security number for her using my I140 approval
as she is only eligible for a ITIN number if on H4.

Like pralay said, you can only apply for her SSN once HER EAD is approved.
 
guju said:
2) Some of the schools will accept HER EAD card as a substitute for her PR and will allow her to qualify from in-state tutions, but this depends on the school, so you might want to contact the school to find out if you can get in-state tutions for her.
Click to expand...

What I understand is that state residency status to qualify for in-state tution is totally different from PR (immigration) status. In most of the states, you need to live certain period of time (say, 1 or 2 years) or you have to show intention of living in your state permanently (for example, you bought home) to qualify for in-state tution. So, it really does not matter if you are a GC holder or a citizen. You have to show that you are a resident of that state - which is quite different from your immigration residency status.
 
I was in the same boat not quite knowing when to add my wife to my petition. But thanks to this forum and to my research I found out, that one should add his wife to his pending I-485 as soon as possible and before your I-485 is approved. If your I-485 gets approved and you didn't add your wife, it will take much much longer for her to get green card just because she will have to go through family based adjustment of status.
Here is a helpful link:
http://www.usvisanews.com/faq/greencard.shtml#greencard-f
(they are lawyers, so they know what they say).

I hope this helps.
 
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