Pls help ASAP

C

chawls

Registered Users (C)
Could you please let me know the followings:

I am on L1 Visa & my Fiance is a GC holder and we are getting married soon.

Can we apply AOS( I485) alongwith I130 or do we need to wait for some thing before filling I130/I1485 filling after marriage.

Will I get my EAD with in 3-4 months so that I can change the job as my spouse has been staying in different location.

Please through some lights asap.

Thanks for your help.

Thanks
SC
 
Hello waitingforAOS11,

You mean to say that GC holder cannot file GC for spouse who is in US. Please reply so that I can get a clear view on it.

Thanks
 
Yes, you will have a long long wait.

If you marry a lawful permanent resident of the U.S., you aren't considered an immediate relative. Instead, you fall under the family second preference category. If your spouse's Petition for Alien Relative form is approved, the Department of State will notify you when a visa number becomes available.

If you were married before your husband or wife became a permanent resident, you cannot obtain permanent resident status along with your spouse without being subject to visa limits. If, for whatever reason, you did not physically accompany your spouse to the U.S. when he or she became a permanent resident, you may be eligible to receive following-to-join benefits. This means your husband or wife won't have to file a separate Petition for Alien Relative form and you won't have to wait any extra time for an immigrant visa to become available. You may be eligible for following-to-join benefits, provided your marriage still exists and your husband or wife received his or her lawful permanent residence status in one of the following ways:


Through a diversity immigrant visa (winning the visa lottery)
Through an employment-based immigrant visa
Based on a relationship to a U.S. citizen brother or sister
Based on a relationship to U.S. citizen parents after you were already married
 
Hello waitingforAOS11,

See the query of one of the member on the same issue:

I am a green card holder through employement based since 2/2001 and I've got married in 12/2002. First I've devided to wait to become citizen before filing for her. When I've talked to INS yesterday they told me that I should go ahead and file right now for her I-130 and when I become citizen they can upgrade her application. They told me that it is faster than waiting to become citizen and them apply. Any advice here?(under heading Apply I-130 for wife now or later?)


Tell me what do you say on it.

thanks
 
Chawls,

You can apply for I130 for your wife even though your have a GC, but you will not be able to apply EAD or AP or 485. She has to maintain valid status by herself until you become a citizen or her I-130 gets approved(for spouse of GC it takes about 6 years).

But I have read in this forum that applying I-130 when the spouse is a GC and then updating the application when the spouse becomes citizen may cause some delays.

If you are close to your citizenship probably you can wait and apply I-130/485/EAD/AP together at your local office.
 
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