Procedure to apply for GC for wife

[EAD2003]

Hi,
I am a GC holder and would like to know the procedure involved in getting a GC for my wife. She is here in the US on a H1B visa which expires in about 6-7 months. She has her labor filed for but am not too sure how long that process would take.
Any suggestions?

Thanks.

 

[pralay]

Hi,
I am a GC holder and would like to know the procedure involved in getting a GC for my wife. She is here in the US on a H1B visa which expires in about 6-7 months. She has her labor filed for but am not too sure how long that process would take.

There are two ways she can get her green card.

1. Getting GC in her own through her employment. It's basically very same way as you did - getting LC, I-140 and then I-485 (or CP).

2. Getting GC in family based category (as a spouse of GC holder). In this case you have to file I-130 for her. Once you get I-130 approved, she can file I-485 or opt for CP. However, as you are a GC holder, waiting period for filing I-485 is going to be long and she need to maintain her H1 status until that time comes. It's possible that you will get your citizenship before that (hence your wife will be able to file I-485 immediately).

 

[simulpr]

EAD2003,

You can file an I-130 for your wife. Unfortunately, family based immigration for PR spouses takes over five years. During that time, she cannot derive status from you, i.e., she has to independently qualify for status in the U.S.

Consider joining UniteFamilies.org <http://unitefamilies.org>, a group dedicated to ending such situations.

Thank you.