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krishnan.1000

Dependent visa for EAD/green card holders

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Hi,

 

 I already have gotten my EAD( priority date November 2008) and I am waiting for my green card to become current. I am not married, but I may do so in the near future.

 

If I get my green card and if I were to marry a woman living in India, is there a chance that my wife can come to US as my dependent? If not, what options do I have?

 

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You can sponsor a GC for your spouse, but there is a wait for spouses of Permanent Residents. See the current Visa Bulletin.

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F2A category retrogressed for Inida, even when current it may take several months for all paperwork to be processed before she can join you..

 

assuming your PD is of EB2, it may become current in sept and if you are lucky, or in your case---unlucky, your case may be approved right away..so you got couple of months to get your ducks in a row..i.e. to get married and have your wife file 485 as soon as ur PD is current.

 

good luck..keep us posted..

 

ps: to answer your original question, there is no 'dependent visa' for GC holder spouses similar to H4 that grants immediate admission to US

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Sorry if this is a stupid question. How difficult is it to add a spouse to an application given that I have received my EAD.

 

To clarify, it is in EB2 category.

 

Not enough information to answer. First of all, the spouse is not "added". The spouse is filing his/her own application for green card, likely, as a derivative beneficiary. Second, it is not clear if the marriage is before or after approval of the green card. Third, it is not clear if the primary applicant still maintains non-immigrant status like H1B. Forth, it is not clear if the spouse can qualify for independent status in the US, like worker or student. See why you need to talk to someone who knows laws?

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Well this is pretty cliched reply, but there is no such thing as "add a spouse" to an application.

 

Assuming your GC is not Approved already by the time your PD is current, then the spouse (if present in the US at the time) can file for their own I-485 as your derivative.

 

Key is, your GC is not approved and your PD is current for your spouse to be able to file for their I-485.

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Sorry if this is a stupid question. How difficult is it to add a spouse to an application given that I have received my EAD.

 

To clarify, it is in EB2 category.

the biggest hurdle is that the PD needs to be current you are already married by then..

 

you don't "add" her to your app..she will file her 485 along with all the required docs( medical etc) just like you did...

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As long as the marriage happens 1 day or more prior to your Greencard approval, your spouse can derive from your employment visa. PD is irrelevant.

If the spouse is outside the US, the spouse can not get any derivative visa if the primary applicant is on EAD.

Once the primary applicant's I-485 is approved, the spouse can use follow-to-join.

See Belle's answer, which is very comprehensive.

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If the spouse is outside the US, the spouse can not get any derivative visa if the primary applicant is on EAD.

Once the primary applicant's I-485 is approved, the spouse can use follow-to-join.

See Belle's answer, which is very comprehensive.

My reply was against a hypothetical approval of the greencard petition before the beneficiary (spouse/ child) could be added.

Entry into the US is another matter which definitely depends on the primary applicant's status.

 

In any case, the spouse will definitely "derive" from the primary applicant's visa as long as the marriage is prior to approval of the original petition. 

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