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imguru
07-20-2010, 11:30 AM
Hello,

I got married 4 months back and yesterday I got my I-485 [EB2 Category, India, PD was Mar 2005] approval notice which was filed in 2007. I'm waiting for Card now. I was in India for 2 months after I got married. When I came here, I was planning to bring my spouse on H4 and was waiting for my 2 pay stubs but before that I-485 got approved.

I'm thinking to bring wife on Follow-to-join using I-824, but not sure how long it will take. I won't need to file I-130 for her as I was married before I-485 was approved. [Please see below paragraph]

If you were married before you became a lawful permanent resident, and your spouse did not physically accompany you to the U.S., your spouse may be eligible for following-to-join benefits. This means that you do not have to submit a separate Form I-130, Petition for Alien Relative, for your spouse, and your spouse will not have to wait any extra time for a visa number to become available. In this case, you may simply notify a U.S. Consulate that you are a lawful permanent resident so that your spouse can apply for an immigrant visa.

So how much time this process will take? Is it as fast as H4 visa stamping? I'll appreciate if you share your experience and refer me good lawyer too.

Thanks.

Xkuger
07-21-2010, 05:34 PM
If you got married 4 months back why did you not ammend your case and Apply under follow to join...

Note if you went to India for CP Interview, you can still call the consulate and schedule an interview for her before you enter the US with you GC package.

I am not sure about the rule with 485 & adjustment... act quickly and see if you can do anyhting otherwise you maybe in for a very,very long wait.

Speak to an Attorney ASAP.

imguru
08-03-2010, 10:08 AM
I was planning to bring her on H4 visa that's why I didn't file Follow to join. Secondly I was unaware of that rule, that one can file for follow to join after getting married and before getting GC approved. I believe to apply for Follow to join one needs GC card's copy, that's why I'm waiting.

Am I correct? How long it will take her to come to US?

Can she come on Visitor visa and go back to India when her CP date is known?




If you got married 4 months back why did you not ammend your case and Apply under follow to join...

Note if you went to India for CP Interview, you can still call the consulate and schedule an interview for her before you enter the US with you GC package.

I am not sure about the rule with 485 & adjustment... act quickly and see if you can do anyhting otherwise you maybe in for a very,very long wait.

Speak to an Attorney ASAP.