Legal status on H4 and Green Card - URGENT!!

M

Micky G

Registered Users (C)
Hi Folks:

Will cut the story short and explain the case thru dates...

My priority date: July 9th
Got Married on : April 9th
Case transferred to Newark (local INS): May 1st
Wife coming to US on H4 on 28th May.
According to what people on other boards have suggested, am expecting my intervieew for GC in Newark, early June.

Question: what happens if my wife is in US and I get my GC approved before we are able to file her Green Card? I know that my H1 status is lost, so, I would assume her H4 status is lost too. Would she be an illegal alien in this country? If not, Can I file for her "follow-to-join" while she continues to stay in USA?

Thanks a lot for your time guys... would appreciate if these questions can be answered as quickly as can be.

Thanks again,
Micky
 
For a June interview,

you should have already got the letter.
However, to answer your Q, Since the marriage happened before approval she is fine. Prepare all other documentation except medicals and marriage certificate and file it. A few days of out of status will not affect her case.
If you get a receipt date (485) before stamping date then you can avoid Qs of out of status for her (although the approval date might be earlier)
 
Thankx jaxen

So I need to have some room for receipt date as well!?

So, to be safe, receipt date for her 485 should be before I get my GC stamped (most probably, approval and stamping happen on the same date in case of interviews...)

Am i right?

Also, can I get her Medical (I693) done in India? I hope that will save some time...

Thanks a lot again!
Micky
 
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