Derivative GC question


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I am getting married end of July in India and wont be returning before Aug 15. My priority date is April 7, 07, and EB2 category and I am assuming it will be current in August bulletin. Is there any grace period to apply for my wife after we return in case my gc gets approved by Aug 15th? or do we have to return by August 1?

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The way I understand it you do not have to file by a certain date. You can file as long as your PD is still current. If your PD becomes current as of Aug 1, it will hopefully stay current on Aug 15 and so you can still file for your spouse. There is always a chance of retrogression half way through the month like it did in July 2007 but I am not sure if there is a chance of that happening since it hasn't happened since 07(that I know of).

Hope it helps and congratulations on the marriage.

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If you have not filed the 485 for primary yet, you can file both until the PD stays current ie if Aug bulletin is current for your pd, you can file until end of aug.

However if 485 is already filed and you need to add your wife, its complicated. If your case if approved (which can happend anytime post aug 1st), you cannot add wife. please work with an attorney who can guide you.

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First, there is no such thing as "adding" a spouse.

There are two conditions that your wife needs to meet - PD should be current, and she should be in status. When someone goes out of status, they are usually protected for 180 days under 245k.

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