Can I file GC for spouse after my I-485 approval?

[akshohini]

Hi,

I applied GC, did concurrent filing under EB1 category skilled personnel.

After 1 month of my submission, I got married and now my spouse is in india having L2 visa.

As my GC is still in process , I have few questions regarding my spouse filing

1. Can I apply to my spouse after I get I-485 approval as my L1 is valid thru Sept'18

2. Is it mandatory that spouse has to be in the USA if I have to include in my GC application or can I apply when the spouse in India?

3. If I apply to spouse now (before I get I-485 approval) at what phase he can travel back to India.

Ex: After getting I-140 approval or only after I-485 approval only. Our plan is if he can apply and travel back he doesn't have to resign job back in India.

 

4. A question with respect to my case, can I travel to India if I get EAD/Advance parole approval or do I have to wait till I-485 approval?

Appreciate any early help /suggestion which will help us plan accordingly ASAP.

Regards

 

[pontevecchio]

1. Once he comes over, he can apply for AOS or you can have him opt for consular processing once your petition is approved.

2. Nobody gets included. If you are married before you get the GC, he can file for AOS if here or opt for consular processing.

3. He can travel once he gets AP or the GC.

4. AP or the L1 visa lets you travel.