I824 or I130 ????

[smksk]

Hello all,

Last month my I-485 final action date becomes current but I couldn't add my spouse name to I485 because she’s out of country with expired H4 Visa and US Consulate is closed for COVID
This week my I-485 got approved which means I no longer hold H1 so my wife cannot use H4 anymore, I would like to know the pros and cons on below

1. Adding my spouse to approved AOS petition using FORM I-824 
2. Starting Family based green card for my spouse using FORM I-130

I believe both options would take long time, so in the mean time is it possible to bring her on Tourist Visa for 6 months
 
Please advise.

[pontevecchio]

1. Nobody gets added. They file on their own.

2. The right answer

 F2A is current. File her I-130 properly and send it off. 

 

 

 

 

[JoeF]

With I-824 she can use follow-to-join.

https://www.uscis.gov/family/family-of-us-citizens/bringing-children-sons-and-daughters-to-live-in-the-united-states-as-permanent-residents

[pontevecchio]

Time-wise I suspect there will be no difference. But FTJ allows you to avoid the I-130 and hence that would be the way to go as suggested.

[newbie1234]

@JoeF@pontevecchio - I am on B1 since Dec2019, I-94 expired June, awaiting I-539 extension decision, will have to return to India in Dec2020 going by 1 year max on B visa. Wife is a GC holder and plans to file I-824. Is there a way I can stay beyond 1 year on B1,  and maybe till I-824 is approved, and then maybe even file AOS from B1.