Please help! Green card for my wife.

Z

Zzzzzzzz

New Member
Hi,
If any one has same experience, please help me.
I got married to my wife 10 years ago and have a 8 year old son, I and my son got green card last month (EB2 based), but for some reason my wife did not apply I-485 with us and still hold H4 to stay in US.
Now things became complicated, just after my green card got approved, the PD got retrogressed. My PD was not current and I can not apply I- 485 for my wife. I really find this is ridiculous, she is out of status because my H1B is invalid.


My Questions is: in this situation, how can my wife get green card based on my I -485 application? Will she have trouble if we can not solve this mass within 180 days? What is our solution? I am very worried about my family.


Thank you very much in advance to help me out here with your valuable advice, Please!
 
Zzzzzzzz said:
Hi,
If any one has same experience, please help me.
I got married to my wife 10 years ago and have a 8 year old son, I and my son got green card last month (EB2 based), but for some reason my wife did not apply I-485 with us and still hold H4 to stay in US.
Now things became complicated, just after my green card got approved, the PD got retrogressed. My PD was not current and I can not apply I- 485 for my wife. I really find this is ridiculous, she is out of status because my H1B is invalid.


My Questions is: in this situation, how can my wife get green card based on my I -485 application? Will she have trouble if we can not solve this mass within 180 days? What is our solution? I am very worried about my family.


Thank you very much in advance to help me out here with your valuable advice, Please!
Click to expand...

Unfortunately there is no way for her to apply without current priority date. This is your mistake not to apply for her while the dates were current when you did apply for your kid. She should look for legal status on her own like H1 or you can give your GC status back, go back to H1 and she will be H4 again. Who advised you this bad advise not to apply for her at that time?
 
I wonder if the OP can use the "follow-to-join" method for the wife considering they were married prior to the 485 being approved.



Stoned!
 
Zzzzzzzz said:
My Questions is: in this situation, how can my wife get green card based on my I -485 application? Will she have trouble if we can not solve this mass within 180 days?
Click to expand...
If she remains out of status for 180 days she will be ineligible to file the I-485, and will be banned from the US for at least 3 years starting with the departure date. So unless your PD becomes current in October or November before the 180 days have accumulated, she would have to leave the US and pursue consular processing by filing I-824. Once your PD is current she could get approved at the consulate.

Of course, if she can somehow get a job and an H1, that is another possibility, as the quota still has thousands of H1 visas available. But she would not gain H1 status until October 1 (unless she gets a cap-exempt job), so even if she got an H1 sponsor she would still be accumulating more out of status days towards that 180 day limit while she waits for October.
 
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