mmaha Posted April 3, 2018 Report Share Posted April 3, 2018 I filed i-140 based on EB-NIW in April 2017 from the UK when I was single. I got married in June 2017 and my petition got approved in July 2017. My husband lives in the US since last few years (never out of status). I did consular processing in the UK and came to the US last month as a permanent resident. I am wondering if my husband is eligible to do adjustment of status as a derivative based on my approved i-140 considering that my i-140 and the immigrant visa was approved after we got married. Do we need to go through filing i-130 form? Link to comment
pontevecchio Posted April 3, 2018 Report Share Posted April 3, 2018 What is the PD at present for your kind of petition? Do you mean EB2? If the PD is current he should file for AOS. Link to comment
mmaha Posted April 3, 2018 Author Report Share Posted April 3, 2018 2 hours ago, pontevecchio said: What is the PD at present for your kind of petition? Do you mean EB2? If the PD is current he should file for AOS. The PD is current. My big question is if he is eligible to file as a derivative considering that I filed EB2 before we got married (but EB2 was approved after we got married) Link to comment
pontevecchio Posted April 3, 2018 Report Share Posted April 3, 2018 Yes, He is. What is relevant is approval after Marriage and being married at the time of approval. Let a Law Firm help you to file to prevent inordinate delays. Link to comment
satya2k1 Posted April 16, 2018 Report Share Posted April 16, 2018 I highly doubt that OP's husband would be eligible for employment based AOS as a derivative beneficiary, Because primary applicant is already a GC holder/PR and her AOS was approved. If she would have applied for amendment right after marriage in June prior to her petition approval then it would have worked for her. I think OP's husband should file I-130 under family based AOS. This is my opinion, it is better to get an experienced attorney's opinion on this. Link to comment
JoeF Posted April 17, 2018 Report Share Posted April 17, 2018 12 hours ago, satya2k1 said: I highly doubt that OP's husband would be eligible for employment based AOS as a derivative beneficiary, Because primary applicant is already a GC holder/PR and her AOS was approved. If she would have applied for amendment right after marriage in June prior to her petition approval then it would have worked for her. I think OP's husband should file I-130 under family based AOS. This is my opinion, it is better to get an experienced attorney's opinion on this. You are wrong. As long as she was married before she got the GC, her husband is eligible for follow-to-join as dependent. Link to comment
satya2k1 Posted April 17, 2018 Report Share Posted April 17, 2018 18 hours ago, JoeF said: You are wrong. As long as she was married before she got the GC, her husband is eligible for follow-to-join as dependent. Can he file AOS as a derivative beneficiary of his PR wife's employment based petition? Link to comment
JoeF Posted April 18, 2018 Report Share Posted April 18, 2018 3 hours ago, satya2k1 said: Can he file AOS as a derivative beneficiary of his PR wife's employment based petition? Yes, as long as the PD is current. Again, this is only possible in cases where they were married before the spouse got the GC, like in this case. Link to comment
satya2k1 Posted April 18, 2018 Report Share Posted April 18, 2018 something to learn everyday. Thanks, Joe. Link to comment
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