Adding spouse to green card application


samsingla

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Posted

Hoping that someone here can help me out with some information.

I am working on L1A, and my GC (concurrent) is under processing in EB1C. My GC was filed in May 2016, and given how NSC is processing applications, I don't anticipate to get it before May 2017. I am planning to get married next month and bring my wife here on L2 and then get her added to my i-485 application.

I understand that i-485 will take anywhere from 30-90 days after i-140 is approved and I can add the spouse anytime before i-484 is approved. 

1) Can someone please confirm if this is correct? 

2) Can my wife run into issues getting a spouse visa since my GC application is under process? I understand L is dual intent, so I assuming this shouldn't be the case?

3) I understand that it is a very different process if I get the GC and then marry someone. In order to not run into this situation I am trying to get things done asap, is there anything else that I need to take care of in this situation or any other risks I need to be aware of? I am aware that if I get my I-140 earlier than May, I might just have a month's time before I can add my spouse to my i-485 application.

4) How difficult is it to add the spouse? How long will it take after she's here? Is it just a matter of filling a form and submitting the medicals, or is it tricky where getting it done through a law firm is advisable? 

5) Lastly, she already has a B1 visa. Does that help in any way in this situation? (In the sense if I get the GC before we are able to add her to my i-485 application?

Thanks for your time and answers!

Posted

Thank you JoeF. Can I file her i-485 if she's still in India or does she have to be here on L2?

If she has to be here, once we marry, can she come here on her existing B1/B2, and then we file for CoS to L2, followed by i-485 filling? Just trying to understand what would be the fastest legal way.

Posted
9 hours ago, samsingla said:

Thank you JoeF. Can I file her i-485 if she's still in India or does she have to be here on L2?

If she has to be here, once we marry, can she come here on her existing B1/B2, and then we file for CoS to L2, followed by i-485 filling? Just trying to understand what would be the fastest legal way.

An I-485 is "Adjustment of Status", which implies that the person has to be in some valid status. And by definition, a person is only in a status while in the US.

So, an I-485 can only be filed when the person is in the US in a valid status.

 

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