F1 to Green Card using EB1

[kittu1only]

Hello,

 

   Here is my case, hope someone can answer my question below:

 

I am a PhD student here in USA on F1 VISA. I got married during my final thesis. I came back to USA to find a job thinking of bringing my wife to USA under F2 visa but things changed as I could not find a job.

 

Meanwhile I applied to Green Card under EB1C AFTER my marriage and got the Green Card.

 

Now how can I bring my wife to USA? What are the options I had?

 

Please help me.

 

Thanks

[rahul412]

Yes you can, but without a job how did you got your GC?

[pontevecchio]

Check out "Follow to join". Maybe you mean EB1A?

[kittu1only]

Sorry, it is a typo. Yes I mean EB1A. I did find a website which had detailed information on "Following-to-Join" benefits for spouse and chidren.

 

I am little concerned that the same information on "Following-to-Join" benefits on USCIS website is not talking about Spouse but just on Children. 

[pontevecchio]

please reference follow to join benefits lower down on the following page.

 

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

 

"  Following-to-Join Benefits

This section is for beneficiaries who became permanent residents through a preference classification.

If you were married and/or had children who did not obtain permanent residence at the same time you did, they may be eligible for follow-to-join benefits. This means that you do not have to submit a separate Form I-130 for your spouse and/or children. In addition, your spouse and/or children will not have to wait any extra time for a visa number to become available. In this case, you may simply notify a U.S. consulate that you are a permanent resident so that your spouse and/or children can apply for an immigrant visa.

Your spouse and/or children may be eligible for following-to-join benefits if: 

• The relationship existed at the time you became a permanent resident and still exists, AND 
• You received an immigrant visa or adjusted status in a preference category. 

If your family member falls into this category and you adjusted to permanent residency in the United States, you may submit the following:

• Form I-824, Application for Action on an Approved Application or Petition
• A copy of the original application or petition that you used to apply for immigrant status 
• A copy of Form I-797, Notice of Action, for the original application or petition 
• A copy of your Form I-551 (green card)

If you are in the United States and have not yet filed to adjust your status to permanent resident, you can file Form I-824 with your Form I-485, in which case no supporting documents are needed other than those submitted with Form I-485.

If you received the immigrant visa overseas, you may contact the National Visa Center (NVC) for follow-to-join information. Send your inquiry by e-mail to NVCInquiry@state.gov or by writing to the National Visa Center, ATTN:  WC, 32 Rochester Ave., Portsmouth, NH 03801-2909. 

To download the forms and instructions mentioned above, see the corresponding link in the “Forms” section to the right.""