Question regarding GC filing for my spouse

[mvnrao9]

Hi Friends,

I have some questions related to GC filing for my spouse

Currently, my visa status is EAD and my GC priority date is November 2007 (EB2).

I had a H1-B doc expiring October 2014 and no valid visa stamp so last year, I went to India on AP since then my visa status changed to EAD.

I'm getting married this March 2013 and my fiancee is in India. I have some questions regarding this matter. I appreciate if someone can answer them.

1. In order to file EAD/AP/GC for her, does she have to be in the USA or can I file all these though she is in India after the marriage?

2. If yes for the above question, what all options do I have to bring her to the USA?

Thanks,

Rahul

[JoeF]

An I-485 can only be filed when the PD is current. EAD and AP require a pending I-485 (or filed at the same time.)

An I-485 can by definition only be filed while the person is in the US. It is Adjustment of Status, and a person by definition only has a status while in the US.

From abroad, only follow-to-join would be possible, i.e., once your I-485 is approved, the spouse could go for Consular Processing.

[shandan]

1. In order to file EAD/AP/GC for her, does she have to be in the USA or can I file all these though she is in India after the marriage?

• To file for EAD/AP can be filed only with a pending I-485, to file I-1485 shes needs to be in USA and your PD should be current.
  

2. If yes for the above question, what all options do I have to bring her to the USA?

• She can come on any visa F1/H1B of her own, or if you re-activate your H1B then she can come on H4.