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How to get a future spouse to USA ?(On EAD/485)
Subject : How to get a future spouse to USA
My current status
• On EAD
• H1B – only 3 years used of 6 years. Expired in 2008.
• Used AC21 for change of employer.
• Priority date of around Nov ’06 , I expect to get my GC by Oct 2011( spill over)
I wanted to get married to a girl in India. I would like to get options of how to get a girl from India after marriage.
As I understand, the options would be
• We could use “Counselor Processing”. I expect priority date of Nov 06 to be current in Aug / Sept 2011. She can be added as an dependent to my I-485
• The other option would be to go back on H1B and get a H4 for her.
Can u please guide me about the same ?
As regards to CP for the spouse , can u please guide me , Specifically
• Any issues, with my current status (AC21 is used)
• Timelines. If get married , and add her to my 485, how much time can it take for her to get her GC ?
Last edited by EAD007; 01-05-2011 at 01:35 AM.
a) If you are married BEFORE your I-485 is approved.
i) Convert to H1B and bring her to the USA on H4.
When your PD is Current, she can apply for her own I-485 as a derivative beneficiary. Her PD will be the same as yours.
ii) Pursue Consular Processing.
This would involve submitting an I-824 Follow to Join application, which is only possible AFTER your own I-485 is approved. It would probably take less than a year to complete, as long as dates don't retrogress. Her PD would be the same as yours.
b) If you are married AFTER your I-485 is approved.
You would have to sponsor her as the Spouse of an LPR under Family Based 2A Category.
The Cut Off dates have recently retrogressed and currently stand at 01JAN08. It is impossible to say how they might move, but you would certainly be looking at a much longer wait, since her PD would be the date the I-130 is received.
Hope that helps.
CP with I-824 Timelines
OK Thanks a lot
I am more interested in the CP option ( II)
I went and looked the Processing times for I-824 and its 3 months in Nebraska.
Looking at this , if my application gets approved in Oct and i file the I-824 immediately after that, i don't see , why it should take more than 6 months in all.
Can any one share there experiences on this ???
Thanks again in advance.
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