I485 pending & Marriage

W

wws_ques

Registered Users (C)
Now i am waiting for the approval of my I485 which was submitted in
Jan 2003. Can anyone tell me the difference for my spouse to apply
for the greencard before and after I receive my greencard? What are
the steps and how only will each take? Thanks a lot in advance.
 
If you applying now, she would be added to your employment application as a derivative, and her application would be adjudicated along with yours. This would be the fastest route, and since your application is pending since Jan 2003, she is going to save a ton of time.

If you apply after you get your green card, then she would have to apply thru the family based route, and that takes a long time.

I am assuming that you have applied in the EB category and you are married and your wife is in the US. If you are not, and/or if she is out of the country things would be different based on your current visa status. More details are needed.
 
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> If you applying now, she would be added to your employment
> application as a derivative, and her application would be
> adjudicated along with yours. This would be the fastest route, and
> since your application is pending since Jan 2003, she is going to
> save a ton of time.

How long does it for her to take?

> If you apply after you get your green card, then she would have to
> apply thru the family based route, and that takes a long time.

Also how long? And what is the step?

> I am assuming that you have applied in the EB category and you are
> married and your wife is in the US. If you are not, and/or if she

I had my H1 starting in Jan 2002 and I also have EAD card. But
I have not changed my job. She is in USA. What does EB mean?
 
Your case for immigration has been petition by your employer hence you are in the Employment Based (EB) Category. This category is a much speedier way to process one's immigration.

You need to apply for I485 for your spouse and any derivative benefits like EAD & AP. You have to file the application prior to your case being approved, so that it gets processed together.

For this you can do it yourself or use an attorney. I, myself have applied for my spouse through an attorney.

Your case might get transfer to a local office as it depends on the officer and how long you have been married. This may add a few more months to your processing time.

As suggested above, this alternative is the best.

If you wait till you are approved, the immigration petition for your wife will move to Family Based Petition and will take an additional few years to get approved.

This is my best comprehension of the process. Please do correct me if I am incorrect.
 
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In addition to other comments, immigration attorneys say that if you already have GC and want to sponsor your spouse, it is usually faster to wait till you get your citizenship. This implies that such case can take 5-6 years. So, you should file I485 for your spouse as soon as possible.
 
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