EAD on FB2A

[nc23]

Hi,

I am currently a GC holder. My wife is in the US on F1. I am wondering if its possible to apply for family based GC under FB2A category and also get a EAD / AP for her while we are waiting for the GC process to complete.

Thanks for your time.

[pontevecchio]

F2A is 2 years backlogged. Moreover once you apply she may have great difficulty using the F1 visa for travel. It depends on many factors. When do you become a citizen? Is she studying in a reputable institute and if so is she prepared to not leave the country till the PD becomes current for her which is about 2 years as of now ?. She cannot get an AP/EAD as the dates are backlogged by 2 years as of now. In such a complex situation you should talk to the firm of Murthy and discuss the best options.

[nc23]

Thanks pontevecchio for the reply. It confirmed my suspicion that I need to wait for her PD to be current. I didn't think about the travel aspect of this. Yes, she is in a good school but not traveling for 2 years might be a sticking point. I have another 2 yrs and 3 months before I can apply for citizenship.

[pontevecchio]

I would suggest waiting till you become a Citizen and then filing for her. In the meantime she can finish her study.