My Wife's GreenCard issue.

H

hlin4

Registered Users (C)
Hi All,
I am in I-485 pending in TSC, RD is Apr/20/2003.
Last week, I got married, and my wife is a Chinese studying in Vancouver, Canada.
How can I help her get GreenCard with me together? One thing I need emphasize: She is studying in Canada, and still need 2 more years to finish study, so she cannot live in US this two years. (of course, she can come to US for visiting me, she will apply her H-4 next month).

Now my lawyer has two ways:
1. Submit her I-485 with me, since my 485 is already submitted, so both of cases will be delayed (is this true?) , and since she is not in US, submitting her I-485 will get troubles?

2. Follow to Join. That means, after my GreenCard is approved, she will go to Consulate processing, which could take one year. (or longer?)

I am facing this choice, hope you guys can point a good way for me.
Great thanks!

Hai
 
better option for you is get h4 visa (assuming that you still maintain your h1 status) for your wife from canada. as soon as you bring her into usa then file i485 for her. then she can stay with you or leave to canada for studing. as long as she has valid h4 she will not require advance parole to enter after filing adjustment of status. DO NOT BRING HER IN VISITOR VISA AND THEN FILE I485.

your other option of filing consular processing after your greencard approval is not preferrable as it will take approx 5 years to bring in your wife to usa.
 
Similar situation

I'm in the similar situation where I am planning to get married in the near future and my girlfriend is currently on practical training. My ND is 03/2003 and 2nd H1 expiring mid next year.
Should I add her to my i-485 application? If I do, will that delay my application? If I do add her, will she be eligible to apply for EAD and AP? Thank in advance.
 
Call91,
The critical point for both of us is that: Submit our wifes' I-485 will delay our cases or not?
My 485 RD is Apr/2003.
saigc, Could you help answer this question?

Thanks.

Hai
 
Well, I guess I can wait a bit longer if needed to given that I have a pretty stable job. My main concern would be for my wife to be to be able to stay here in the US, work on EAD, travel on AP and get her green card with me. Thanks to those that would share their knowledge and expriance.
 
My friend used CP option for his wife FTJ. Problem is she cannot enter US unless CP is completed. But my friend 's wife was on H1.
 
1. Adding your wifes' I-485 to your application will not delay your cases.

2. Call91, you must add your wife to your application before you I-485 is approved (this is unlikely, but possible). If you did not do so before your approval, she will have to go through the whole I485 process all over again. Also, once she has filed I485, she can have EAD/AP etc.

3. hlin4, your best bet for her will be (i) apply H4, (ii) come to US and join you, (iii) quit her study in Canada and transfer to a school in your city, (iv) add her name to your I485 application.

Alternatively, if you wait for her to finish her school in Canada in 2 years, AND if your i485 is approved before then, it will take a long time before she can come to US to join you (up to 5 years). Applying for a spouse to join a greencard holder in US can take many years. That is, greencard holders in US are not entitled any basic human right, in turns of spousal re-union. Don't take your chance. 5 years is a lot of pain.

Also, NEVER apply for a visitor or student visa in order for her to join you, and then apply for i485. That is breaking the law: apply for a visa not for its intended use.


Lea
 
leahwang,
Thanks a lot for your suggestion.

3. hlin4, your best bet for her will be (i) apply H4, (ii) come to US and join you, (iii) quit her study in Canada and transfer to a school in your city, (iv) add her name to your I485 application.

---- i. I am doing that
---- ii. She has a H-4 interview on Dec/10/03, US consulate in
Vancouver
---- iii. This is a problem. (So far it seems transferring her credit to US got some problem. So what we will do is: Get H-4 come to US, and add her name to my I485 application. And then she goes back to Canada to study. If some cases need her to be in US, then she come back to US by H-4, then go back to Canada for study. Till she graduates).

Is it fine? Look forward to your reply.

Hai
 
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