Proceeding after LCA - spouse in home country

N

nishdis

New Member
I'm new to the forum and hope someone can advise me on the following issue. I'm preparing to submit the application for LC. My spouse is back home and is planning to join me in the US subsequently. What are the implications of my applying for I-140 and I-485 while he's there? I was told that he will not get to come to the US until the GC is obtained, if the I-485 is submitted while he's away? Is this true?..please help!

Thanks !
Nishdis
 
Hi nishdis. You can definitely apply for LC and I-140 for yourself without your spouse being in the the US. But, when you apply for I-485, you can add your spouse as derivative (1) immediately, (2) any time while your I-485 is pending or (3) after your I-485 is approved.

My understanding is, if the marriage took place before the primary applicant's GC card approval, it is possible to apply for the spouse as a derivative to the primary applicant's GC application. He does not have to apply in the family based category.

For him to apply for I-485 any time, your LC priority date (known as PD) must be current in the VISA bulletin, and he has to be in the US, physically.

I would bring him on H4 VISA before applying for I-485.
 
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