GC for my wife

[sneham]

Hello! When I filed my 1-140 i was not married. Now, My PD is near for EB2 India. My wife came to the country on H4, which she changed it to F1 and now after finishing her education, she is on OPT. My question is, when My PD become current, would she be eligible to get GC as well as my family member? or she would not be, as she went on student visa and now working on OPT? Please advise. Your response is appreciated. Thank you.

[redgreenbluee]

please consult a lawyer.

she will be eligible to apply for I-485 as your derivative when your PD becomes current as long as she has maintained her lawful status in the US.

Originally posted by sneham:

Hello! When I filed my 1-140 i was not married. Now, My PD is near for EB2 India. My wife came to the country on H4, which she changed it to F1 and now after finishing her education, she is on OPT. My question is, when My PD become current, would she be eligible to get GC as well as my family member? or she would not be, as she went on student visa and now working on OPT? Please advise. Your response is appreciated. Thank you.

[pontevecchio]

She can adjust status to PR when the dates are current. Let a Lawyer do the heavy lifting.

[sneham]

Thank you members

[pvr726]

Any time before 485 filing the application process for GC is solely for the candidate. Not for the family - at least that's what I remember from a long time back. Therefore your application is well within time to include your wife into your GC process.