Re-applying spouse GC

[johnsimmons99]

I came to the US on H1-visa and my wife later accompanied me on H4-visa. My wife's joined my I-485 application while she was in the US. I got my green card but due to some personal reasons we had to move back to India for some time and i had to cancel her green card application in the middle of processing. Her green card processing was canceled in April 2005.

Now we want to move back to the US. I hold valid GC. I am wondering what would be the process to re-initiate my wife's GC. I also have around 2 yrs daughter who is born in India.

[peace]

My guess is you will have to repetition for her under family category 2A( spouses of permanent residents)
and it will take 5 years. The GC process that you stopped for her in 2005 was a derivative gc from your gc processing. Now that you have long gotten your gc, the derivative process cannot be revived. The only way is F 2A.Remember during that period she will not be able to get a visitor visa but you could bring her to US on an H-1 if you can manage that.

ANother option is wait till you become a USC and then petition for her.

YOu can compare the F2A and USC routes and adopt the one that is shorter.

F2A takes 5 years , which means 2012 and assuming you got your gc in early 2005, you will become a USC in 2010
and she can get her gc by 2011.