Filing 485 - PD is current now and wife is in India

[knac03]

My EB2 PD has become current. My wife is in India and can't come for 3-6 months.

1) Can I file my 485 with out her and file her as "follow to join". What are the drawbacks if she is not filing along with me?

2)If I get my EAD/GC in this duration while she is in India, how can she come back here on what visa?

3)Can she file for consular processing from India, what are the drawbacks? will the CP take too long?

Thanks

[Scorpio811]

I have a slightly different scenario. I will await expert answers to this question.

Thanks

[Belle]

I think you have a wrong undertanding what following to join means. Following to join is when the deriative gets consular processing of their gren card (in their home country) after the prinipal's petition has been approved. Your other alternative is for your wife to come to the US and file for AOS. She will not be able to do that if your I-485 is approved before her arrival, and thus you will have to file following to join for her (will take 6 to 12 months for her to come back to the US).

If I were you, I would not file I-485 until your wife is back in the US.

[knac03]

Thanks Belle..

If my wife has to file her AOS in US, can she do that after 3 or 4 months of my filing of 485 (Provided my 485 is still not approved by then).

[Belle]

Yes, she may file AOS at any time your PD is current, your I-485 is either pending or approved, and she is in the US in a valid status. Once your I-485 is approved, however, your wife will no longer be able to enter the US on H4 or some other derivative status. However, if she is able to enter the US on an independent status, like F1 or H1, then you are golden.

[JoeF]

Thanks Belle..

If my wife has to file her AOS in US, can she do that after 3 or 4 months of my filing of 485 (Provided my 485 is still not approved by then).

Your PD has to be current for her to file an I-485. It may be that the PD will retrogress, so it would be better if she could come to the US sooner than 3-4 months.

[knac03]

Thanks guys for your insights..

It would be helpful for me and somany other guys if you could shed some light on the consular processing for my wife (We married even before starting the GC process)from India.

What is the basic process and what are the drawbacks of consular processing in case she miss the AOS boat and couldn't come to US and file her 485 before my GC is approved.

[JoeF]

The only drawback of CP is that it can take several months, and if the PD retrogresses during that time, it would be on hold until the PD becomes current again.

There is lots and lots of information about follow-to-join using CP on the Internet.

[knac03]

Thanks Joe..