Urgent: H4 issue, please read this...

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crazygal

Registered Users (C)
I got green card just yesterday and my husband is dependent(H4) on me and got visa till 2009(stamped in passport too along with me as I got my H1 till 2009). He was here(USA) till couple weeks back and went to India. He is right now in India. And we didn't apply GC for him for some reasons. So my question here is, can he come back to USA now???

Please advise me here....:(

Thank you sincerely.
 
crazygal said:
I got green card just yesterday and my husband is dependent(H4) on me and got visa till 2009(stamped in passport too along with me as I got my H1 till 2009). He was here(USA) till couple weeks back and went to India. He is right now in India. And we didn't apply GC for him for some reasons. So my question here is, can he come back to USA now???

Please advise me here....:(

Thank you sincerely.
Click to expand...

I do not see any reason why someone with a valid H-1B cannot enter U.S. Moreover, he is not included in your GC petition, so my take on this is, nothing is overriding the H-1B status.
 
First, thank you all for your responses.

So at immigration the officers will find out that I got GC, which might end up, not entering the port of authority, for my husband.

Okay, now if I apply GC for my husband how long will it take to enter United States? Does any one know the procedure and timeframe?

I really appreciate all your valuable time and assistance. This is so important to me and your guys are really helping me out a lot.

Thanks again.
 
Your husband should not even attempt using his H-4 visa. He may get caught at the POE itself. If he does get in, then he has bigger problems down the road.
You are probably looking at a long wait with regards to his GC. 4-6 years at least. When exactly did you get married? That is very important. I am just curious why your husband was not on your I-485.
 
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Thankyou Triplecitizen. I got married last yr. Due to health issues we didn't apply for him. Now, I heard if I apply now he can come within yr during the process as he has health problems. But I thought to check with you all, as you all are pros. in these matters.
 
You said your marriage took place before your I-485 got approved, correct? I think your husband may be able to use the "follow to join" route to get his GC via a consulate in India. Others may chime in to further elaborate this point.
 
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