spouse of PR

[wantmygcnow]

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.

But my point was that unlike Asylee derivates. H1 who marry after they have filed I-485 can add their wife to their applications. Most of the H-1 who came to this country at young age(early 20's) and applied for GC, went back and got married but brought back their wives on H-2's because h-1 was still valid.

 

[thankful]

But my point was that unlike Asylee derivates. H1 who marry after they have filed I-485 can add their wife to their applications. Most of the H-1 who came to this country at young age(early 20's) and applied for GC, went back and got married but brought back their wives on H-2's because h-1 was still valid.

We are talking about green cards not H-1 visas. Apples and oranges here. An employment green applicant can add his wife to his application and H1 visas have nothing to do with that [yes they can also add their wives to their H visas but that is a separate issue).

 

[wantmygcnow]

We are talking about green cards not H-1 visas. Apples and oranges here. An employment green applicant can add his wife to his application and H1 visas have nothing to do with that [yes they can also add their wives to their H visas but that is a separate issue).

True but his question was:

"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?"

Thats why i asked if she is in the country or outside? If she is in the country and in his application then its all good. If she is out of country, he shouldn't wait and get her here because I have heard horor stories of people being adjusted and being stuck in the LPR spouse category.