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spouse of PR
- Thread starter Minsk
- Start date
wantmygcnow
Volunteer Moderator
Minsk said:I know that it has been discussed before, but a friend of mine is waiting for an employment-based Green Card. He should receive it soon. His question is can his wife apply for work authorization and advance parol after he becomes a PR?
Is his wife in the country? If she is, she must be on H-4(dependent of H1) or if EB-1/2, dependent of EB-1/2. As the principal adjusts so does the spouse/kids etc..
If she is out of the country, tell your friend to run as fast as he can to apply for a spousal visa for H1 or other worker visa. If she doens't get here as a dependent of a H1 worker and he becomes an LPR, the wait is 6 years.
wantmygcnow said:Is his wife in the country? If she is, she must be on H-4(dependent of H1) or if EB-1/2, dependent of EB-1/2. As the principal adjusts so does the spouse/kids etc..
If she is out of the country, tell your friend to run as fast as he can to apply for a spousal visa for H1 or other worker visa. If she doens't get here as a dependent of a H1 worker and he becomes an LPR, the wait is 6 years.
wantmygcnow, thanx for your response. The problem is that they got merried here in US and as far as I understood she currently has a student visa (I assume F-1).
wantmygcnow
Volunteer Moderator
Minsk said:wantmygcnow, thanx for your response. The problem is that they got merried here in US and as far as I understood she currently has a student visa (I assume F-1).
That is ok. You need to tell your friend to hurry or he will be in problems. Hire a lawyer and she may need to go back to her country to get re-stamped or new visa issued.
Usually she can go to Mexico(U.S consulate) or Canada(U.s Consulate) for a stamp..but only a lawyer can know the details as F-1 is not a dual intent visa whereas H-1 is.
wantmygcnow said:That is ok. You need to tell your friend to hurry or he will be in problems. Hire a lawyer and she may need to go back to her country to get re-stamped or new visa issued.
Usually she can go to Mexico(U.S consulate) or Canada(U.s Consulate) for a stamp..but only a lawyer can know the details as F-1 is not a dual intent visa whereas H-1 is.
hi Wantmygcnow...!!! I am planing to get marriage with F-1 status girl here in USA. I have quick question. if I received the GC on asylum base and got marriage here in USA with Student visa (F-1) holder girl after granting PR. Can I do that? if so how can I help my spouse to get her status adjustment? your advise would be greatly appreciated. ...NEPZ06
nepz06 said:hi Wantmygcnow...!!! I am planing to get marriage with F-1 status girl here in USA. I have quick question. if I received the GC on asylum base and got marriage here in USA with Student visa (F-1) holder girl after granting PR. Can I do that? if so how can I help my spouse to get her status adjustment? your advise would be greatly appreciated. ...NEPZ06
My understanding is that you can file for adjusment of status for your spouse, BUT since you are a PR not a citizen there is a limit of visas (Green Cards) available for spouses and the waiting period right now is 6 years. It's easier to wait until you get your citizenship and then apply for her adjustment since in this case there is no limits on Green Cards. The only question I have is whether your girlfirend can get a work authorization and advance parol if she merries you after you receive your GC.
Minsk said:wantmygcnow, thanx for your response. The problem is that they got merried here in US and as far as I understood she currently has a student visa (I assume F-1).
I am assuming that his I-485 is PENDING or APPROVED already.
This is an employment based green card right? If so, as long as they were married BEFORE HIS green card is issued then she can immigrate with him. If she has entered the country legally, has not committed any fraud and has not violated her status, then she can submit an I-485 now (and she can also get authorization to work). If she is abroad apply for an immigrant visa with the U.S. embassy after her husband gets approved.
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nepz06 said:hi Wantmygcnow...!!! I am planing to get marriage with F-1 status girl here in USA. I have quick question. if I received the GC on asylum base and got marriage here in USA with Student visa (F-1) holder girl after granting PR. Can I do that? if so how can I help my spouse to get her status adjustment? your advise would be greatly appreciated. ...NEPZ06
You cannot do anything to help her except to file an I-130 and wait for 5-6 years (based on currrent projections).
wantmygcnow said:If she is out of the country, tell your friend to run as fast as he can to apply for a spousal visa for H1 or other worker visa. If she doens't get here as a dependent of a H1 worker and he becomes an LPR, the wait is 6 years.
This is NOT correct. Whether she is inside the United States or outside makes NO difference. If the marriage was entered before his green card comes out she is eligible for a green card also. Of course she needs to be admissible and so on. But she does not need to be here. If she is she can apply for adjustment. If not, she can apply for an immigrant visa at an embassy abroad.
wantmygcnow
Volunteer Moderator
thankful said:This is NOT correct. Whether she is inside the United States or outside makes NO difference. If the marriage was entered before his green card comes out she is eligible for a green card also. Of course she needs to be admissible and so on. But she does not need to be here. If she is she can apply for adjustment. If not, she can apply for an immigrant visa at an embassy abroad.
Thankful, it makes a huge difference. If she is in the country on a student visa, she need to get restamped...Student Visa is not dual intent. If she is out of country, she needs to apply for H-2.
It also doesn't matter if marriage occured before or after I-485 filed for H-1. They can always add it later(I know personally a person who did this) as llong as 485 is not adjusted.
Minsk said:The only question I have is whether your girlfirend can get a work authorization and advance parol if she merries you after you receive your GC.
The answer is no under current law.
Some Democrats want to change that in the new immigration bill under discussion.
wantmygcnow said:It also doesn't matter if marriage occured before or after I-485 filed for H-1. They can always add it later(I know personally a person who did this) as llong as 485 is not adjusted.
Of course it does not matter and I never said it does. What DOES matter is that their marriage occurs before the I-485 is approved, not filed. If on the date he is approved they are still not married then she is out of luck.
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wantmygcnow said:Thankful, it makes a huge difference. If she is in the country on a student visa, she need to get restamped...Student Visa is not dual intent.
This is a non issue because (I am implying from the facts provided by Minsk) the husband has an I-485 pending (or already approved). Forget the restamping business because it is not relevant. She can submit her own I-485 NOW and requests her EAD and AP. When she submits her I-485 she is no longer a student but an adjustment applicant. There is no dual intent issue.
The only caveat is if she entered the country too recently as a student. Then there might be a fraud issue present.
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wantmygcnow said:If she is out of country, she needs to apply for H-2.
Why would you want to come in on H-2 and then apply for adjustment? Has too much money to spend? Want to deal with the USCIS more than you have to?
She does not need to apply for the H2.
When the husband is approved he submits an I-824 to the USCIS. The USCIS will then notify the consualte in whatever country she is in. They (consulate) will then invite her in for an interview. She will then come into the United States as a lawful permanent resident from day one and no need to deal with the USCIS after arrival.
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thankful said:This is a non issue because (I am implying from the facts provided by Minsk) the husband has an I-485 pending (or already approved). Forget the restamping business because it is not relevant. She can submit her own I-485 NOW and requests her EAD and AP. When she submits her I-485 she is no longer a student but an adjustment applicant. There is no dual intent issue.
The only caveat is if she entered the country too recently as a student. Then there might be a fraud issue present.
Thankful, so does it metter if his GC is already approved or it's pending? If they got merried after GC is approved can his wife still apply for adjustment?
wantmygcnow
Volunteer Moderator
thankful said:Why would you want to come in on H-2 and then apply for adjustment? Has too much money to spend? Want to deal with the USCIS more than you have to?
She does not need to apply for the H2.
When the husband is approved he submits an I-824 to the USCIS. The USCIS will then notify the consualte in whatever country she is in. They (consulate) will then invite her in for an interview. She will then come into the United States as a lawful permanent resident from day one and no need to deal with the USCIS after arrival.
Ok confused here. If her husband is approved and becomes PR, doesn't she have to wait 5 years to get an interview?? Is there a special law for H-1's that I dont know of?
As an H-2, you come to this country in 6 months...??
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wantmygcnow said:Ok confused here. If her husband is approved and becomes PR, doesn't she have to wait 5 years to get an interview?? Is there a special law for H-1's that I dont know of?
As an H-2, you come to this country in 6 months...??
I don't get this either. If they get merried when he already applied for adjustment (and his H-1 was not extended) but his GC is not approved yet can he apply for her too? She is here in US possessing F-1 visa and she does study in college.
Minsk said:I don't get this either. If they get merried when he already applied for adjustment (and his H-1 was not extended) but his GC is not approved yet can he apply for her too? She is here in US possessing F-1 visa and she does study in college.
When a person receives a green card based on employment, his spouse and children also get green cards regardless of where they are (they have to meet the requirments regarding criminal history, public charge etc). The relevant date is the date the principlal's green card is issued. And if he was married before the green card approval, the wife can become attached to his green card application and gets a green card for her too. If the marriage is after the green card approval then no.
Think about asylum--a person you marry before asylulm aproval gets asylum status too. And after asylum grant tough luck. The logic is the same here. replace green card approval with asylum approval.
wantmygcnow said:Ok confused here. If her husband is approved and becomes PR, doesn't she have to wait 5 years to get an interview??
No if they are married on the date her husband is approved. She is considered to be his derivative and gets an immediate interview.
wantmygcnow said:Is there a special law for H-1's that I dont know of?
H visas have nothing to do with this. It is if the category under which the husband receives his green card allows for derivative benefits. Employment green cards do.