Wife did not get GC yet

[rajkishorenr]

Hi 

Me and my wife both applied for 485 and I got my GC approved in January but my wife is still pending. I looked through forums and found that this is not very uncommon and saw some ppl got their spouse GC approved ranging from months to years.

 

Going with worst case scenario I would to ask few questions and I appreciate in advance for any replies. My wife and kid are in India and want to bring them here to US ASAP. My daughter is US Citizen. My wife AP got expired while in India

 

1. Can I bring my wife on Visitor visa while her 485 is pending?

2. If visitor visa is not an option what other options I have to bring her here

3. What can I do to get her 485 approved faster?

 

Thanks

Raj

 

 

[catx]

Where was your wife when she applied for derivative permanent residency visa (green card) through an I-485 adjustment of status (AoS) application?  If she was not in the U.S. with a valid status such as a H-4 visa, then she cannot use file for permanent residency (green card) through an I-485 AoS application (she would probably need to use consular processing).  If she was in the U.S. with a valid status and then left to India, then does she have approved advance parole (AP)?  If not, then her I-485 AoS application maybe deemed abandoned by the USCIS.

 

Did you use a lawyer to file your I-485 AoS applications?  If not, then you need to consult with one as your wife's I-485 AoS application maybe deemed invalid and she may have to restart the process of applying for a permanent residency visa (green card).

[pontevecchio]

Your first step is to make a phone appointment with a Lawyer and discuss the specifics of the case. The fact that her AP is expired makes the matter a bit more complex . Consult a Lawyer SOON.

[t75]

B2 is not appropriate and should not be granted since she has demonstrated immigrant intent.  Overstaying AP was a bad move.

 

See an attorney for assistance in identifying any issues causing delay.