Immigrant visa processing for spouse

mandaveli

New Member
A lil background about my case
1. My I140 and I485 were applied concurrently on EB1 on Jun12
2. 2 months later a backup EB2 I140 was applied (on substitution labor)
3. I have my EAD and AP now. I am single. But I might get married with some one who is in India in Dec. They can join me only as a dependent. But they cant join me until Apr
4. If I get my 485 approved between Dec and Apr - then they would have to go through applying for a immigrant visa at a consulate in India based on my GC approval.

How long would this process take before my spouse can join me in the US.

Additionally the priority date for my EB2 is Sep 2006. Is there such a possibility where my EB1 I140 is pending and my EB2 I140 gets approved and based on that I140 my I485 get approved despite retrogression?
Because if such a thing is possible, then my Gc would be approved in EB2 category but my spouse cant apply for her immigrant visa because of retrogression. Am I correct?
Please input your thoughts and clarify?
 
Answers below:
1. As per the current visa bulletin, USCIS is processing the applications filed around May 1, 2003 for India.
2. There is a possibility depending on how complicated each case might hae been - but the priority date will be the overriding factor. There is no chance of an EB2 approval till the PD become current.
3. If your GC is approved, then your spouse cannot enter the country through a non-immigrant's dependant visa - instead you have to sponsor a GC. That will take longer (as per visa bulletin).
 
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