What is last stage of green card spouse can add in green card - Need to take decision and file I-485 before 29th of this month

#1
I have one Misdemeanor which was expunged in 2014 and I am on H1-B visa and we are married since 8 years. My wife green card priority date is current now (EB3) and her company is filing her I-485. We do not want to share my Misdemeanor details with her company attorney and HR.
  • We want to add me in her green card with the help of outside attorney, how late she can add me in her green card ? Ideally we want add me in her green card after her I-485 is approved but not sure that is possible or not ?
  • Is it possible that her company file her I-485 and once her I-485 is approved then she can add me in her green card with the help of some other attorney.
  • She will face any complication in her green card because of my Misdemeanor ?
  • What is last sage of her green card she can add me ?
 

newacct

Well-Known Member
#2
As a derivative beneficiary, you can immigrate any time after your wife (the principal beneficiary) immigrates, as long as a visa number is available for her category and priority date, and she is still a permanent resident. So technically, if you want, you can even file I-485 as her derivative beneficiary years after she gets her green card (i.e. when her I-485 is approved), as long as she hasn't abandoned residency or become a citizen, and you are still in status at the time (and the visa bulletin hasn't retrogressed for that category to the point where the priority date can't file anymore). So to answer your questions:
1. yes
2. yes
3. no
4. any time until she becomes a citizen or abandons residency, or Congress gets rid of this category
 
#3
Thank you so much - newacct

Rajeev Sir, Can you please help me one my above question ? 29th Oct 2020 is last date , as there is a possibility that EB3 priority date will go back. so we need to decision ASAP.
 
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