Giles08 Posted April 22, 2014 Report Share Posted April 22, 2014 I was in H1B visa. I just got my green card recently. My wife is a Canada citizen. She is currently living in Canada. I plan to let my wife come to US and apply for green card as dependent. Before I got my green card, my wife drove to US with H4 status and got her H4 I-94 card on US-Canada border. Now my immigration status is changed to green card holder. Now I should not be in H1-B status. My green card status should have been overrided my H1B. My question is: which visa status should my wife apply for when she drive to US from Canada? In which status, my wife can live in US and apply for I-485 for AOS? Thank you very much!!! Giles Link to comment
Belle Posted April 22, 2014 Report Share Posted April 22, 2014 1. She may visit the US on a visa waiver. 2. You should talk to a lawyer about following to join process for her. That's the only way for her to get her green card. Why did not she file I-485 when she was in the US on H4? Link to comment
Giles08 Posted April 23, 2014 Author Report Share Posted April 23, 2014 Thank you very much Belle! When I filed 485, she was working in Canada. My 485 was approved very quickly. If my wife come to US with visa waiver, can she apply for 485/AOS inside US? Thank you again! Link to comment
JoeF Posted April 23, 2014 Report Share Posted April 23, 2014 Thank you very much Belle! When I filed 485, she was working in Canada. My 485 was approved very quickly. If my wife come to US with visa waiver, can she apply for 485/AOS inside US? Thank you again! A visa waiver doesn't allow AOS. Follow-to-join is the way to go, as Belle said. Link to comment
t75 Posted April 23, 2014 Report Share Posted April 23, 2014 Entering the US as a visitor with the intent to AOS is not acceptable. See an attorney before you and she try such a scheme. Link to comment
Giles08 Posted April 24, 2014 Author Report Share Posted April 24, 2014 Thank you so much for your information Belle, JoeF, t75!!! Based on your information, when using Follow-to-join, my wife must be outside the US when I submit green card application for her, is that correct? When can my wife enter to US after the application is submitted? Thank you so much again, your advice is highly appreciated !!! Link to comment
Belle Posted April 28, 2014 Report Share Posted April 28, 2014 No, she does not have to be physically outside the US. She just have to reside outside the US, and go for the interview. Essentially, she may visit the US if she does not have an intent to stay at that particular visit. Link to comment
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