Filing I-485 but family issue in india...

[jaheerabbas]

Hello Friends,

I have a quick question on this typical scenario.

1) Is it mandatory to have your wife in USA before filing for i-485

2) If family is interested to stay back home in india for kids studies can the primary applicant get his green card ( Approval for I-485 and further process ).

3) Once the green card is obtained , can the family join with primary applicant.

4) Once the green card is obtained will she has to come on H4 Visa or family visa .

5) Do we need to produce any kind of letters or documents for the reason wife not present with you for approval process of I-485 and further till Green Card.

thanks / Jaheer.

[JoeF]

An I-485 can only be filed if the person is in the US.

If dependents are outside the country, they can file for follow-to-join once the primary applicant's GC is approved.

[pontevecchio]

1. No

2. yes

3. you can apply for follow to join.. about one year.

4. see 3. For H4 a spouse needs to be in H1 status.

5. No.

Since you are migrating it is better for your children to study here. Hence get them here and file your AOS and get the GC.

[mike999]

1.) If she wants to file for AOS then she has to be in US at the time of filing.

2.) Everyone will be filing their own application. So when you file, you are are filing for yourself. Not your family. You will be approved based on your AOS petition. Your family will have to file their own applications if interested.

3.) Once your GC is approved, then your family can come as visitors for short period but cannot get GC until you become citizen and file for them.

4.) They have to file for visitors visa.

5.) No letters required.

[Belle]

3. Your dependents retain eligibility under EB category after your approval. If they can come to the US in an independent status like F1 or H1, they may file I-485s. If they can't come, you can initiate consular processing of their green cards for them, which is called "following to join". There is no time limit in which your dependents may come after your approval.

[knac03]

Do you have to be a citizen for filing "Follow to join" or having a GC is enough.

Contradicting statments from JoeF and Mike_Gc on the 3rd question.

[knac03]

Do you have to be a citizen for filing "follow to join" for dependents or having a GC is enough.

Somany contradicting views on this in this post itself.

Thanks

[pontevecchio]

"3.) Once your GC is approved, then your family can come as visitors for short period but cannot get GC until you become citizen and file for them."

This is not true. FTJ is because you were already married when you got the GC. This merely means you notify the concerned consulate and they will get Immigrant visas to come and join you though it still takes a few months or more. If you married after getting your GC the wait as of now is a few years

How about doing some research on your own or getting a Lawyers take on the matter? No contradiction between fact and fiction.

[JoeF]

Do you have to be a citizen for filing "Follow to join" or having a GC is enough.

Contradicting statments from JoeF and Mike_Gc on the 3rd question.

Of course follow-to-join is available for dependents of Permanent Residents.

There are two different scenarios:

1. If the person is married before becoming a PR. Then follow-to-join is a painless issue, takes a couple of months.

2. If the person marries after becoming a PR. Then the spouse would have to be sponsored for a GC in Family category 2A, which has a backlog of a few years.

What Mike_Gc probably was thinking about is for a US citizen sponsoring a spouse. There is no quota for a spouse of a US citizen. But that's a whole different scenario, and doesn't fit in the discussion in this thread.

[JoeF]

3.) Once your GC is approved, then your family can come as visitors for short period but cannot get GC until you become citizen and file for them.

Sorry, wrong. Where did you get that idea from?

[Belle]

Joe is always right :-)

[knac03]

Thanks Joe and every one who responded.