Tricky Situation Pls Help..!!

R

Regimon jose

Member
EB3 India PD 06/99 ND 03/00 FP 03/01 RFE 04/30/01. I got married after I submitted 485 and later my wife was added to my application and she got EAD and did FP as well on a different date than mine. She was also on H1 then.
 Now she has joined an international organization on a G-4 visa and we want to abandon the GC for her, to retain the G-4(because of huge benefits). If her application gets approved, and if she does not go for stamping does that mean she has abandoned the GC application and there by retain the G-4 or should she be withdrawing the 485 application before it gets approved ?
 In any case, if she abandons/withdraws the 485 application, and I get the 485 approved, if she looses the job while on G-4, can I add her as a dependent to the GC and stay in the counrty legally ?

Thanks guys in advance for the help..!
 
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Category G visa\'s are for diplomats or for employees of International organizations like WorldBank, IMF etc. The benefits are that you won\'t have to pay or file taxes, no federal,state,medicare or social security taxes. Also you may get, paid home leave with all expenses paid incl air tickets for the full family. You may also get education expenses for kids etc etc.
 
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The only thing I can confidently say is that you will not be able to add her as a dependent once you get your GC. Derivative benefits to dependents are available only as long as the primary applicant\'s I-485 remains unapproved. Once approved you will have to sponsor in the Family Based categories ( Long Long wait there ).

Seek good counsel of a competent attorney before you do anything.

vscrd1199
 
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I think you can file for 485 withdrawal.

Question 2, If you can add back on GC later.
After approval she has to go thru Family based category. Which might take longer time.
Check with your attorney.

Thanks,
Ram
 
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