nc23 Posted January 19, 2013 Report Posted January 19, 2013 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 Posted January 20, 2013 Report Posted January 20, 2013 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 Posted January 21, 2013 Author Report Posted January 21, 2013 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 Posted January 21, 2013 Report Posted January 21, 2013 I would suggest waiting till you become a Citizen and then filing for her. In the meantime she can finish her study.
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