Green Card Application

Question:

I would appreciate your input in the following: If I have already applied for green card, concurent filing, through my employer, what is the latest that I can include my wife on the application if I didnt originally include her (we were married before I applied for green card) i.e. can I include my wife to get a green card after I have applied for the green card? what is the timeline that I have?

Answer:

All she needs to do is file an additional I-485 for herself. This will not affect your timeline.

You can find CIS processing times here: https://egov.immigration.gov/cris/jsps/index.jsp

I also wanted to find out, what it the latest that she can do that?....is there a point in my greencard application process that after that, my wife cannot apply for a greencard through me? and can she still apply for H4? or she has to wait out of the country?

That would be once your I-485 is adjudicated.

No. Since you will no longer be in H-1B status, she won't be able to apply for an H-4 visa anymore.

Yes, you will then have to file an I-130 immigration petion in the F-2A category on her behalf. Currently, there is a 4 year backlog in this category.

Yes. You can do both. File an I-485 for her and, as long as you are in H-1B status, she can maintain H-4 status.

Actually, she can "follow-to-join" using your PR application process after the I-485 approval. There is no limit, theoretically, to the time she has to "follow-to-join" you, as long as she remains married to you.

If she is in the U.S. in H-4 status, she would fall brieflly out of status after your I-485 is approved, but she could still file Form I-485 under 245k.

If she never enters the U.S. in H-4 status, the process will take much longer. After the I-485 approval, you will have to file Form I-824 asking that a duplicate approval notice be sent to the NVC to initiate consular immigrant visa processing for her. This could take a year or two.

However, it will not take nearly as long as a separate I-130 Relative Petition process would take in category Family 2A, with you as petitioner. This would be necessary if the marriage had occurred after you obtained permanent resident status.

Some I-485s have been moving much faster lately. At the CSC, some have recently taken about one year from filing to approval.

While you still hold H-1B status, she would have to obtain an H-4 visa and enter the U.S. in H-4 status. After she has entered the U.S., she can file Form I-485.