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  • B2 Visa to Green Card for Spouse

    Good Morning,

    I am new to this forum. I got Green Card in Sep 2021 through EB2 india category. We got married in 2011 and we have 2 kids both are born US citizen. When I filed I-485 in 2020, My wife was not in the USA. So I did not file I-130 and I-485 for her. If my wife comes to USA using B2 visa now, Can I apply I-130 and I-485 for her to say here permenently? or is there any way to stay here permenently? Thanks for your help

  • #2
    She should not enter the US on B2 with preconceived intent to file I-485 during that stay.

    You can file I-824 for her to follow to do consular processing abroad to get an immigrant visa and join you as your derivative beneficiary. You don't need to petition her with I-130.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Originally posted by newacct View Post
      She should not enter the US on B2 with preconceived intent to file I-485 during that stay.

      You can file I-824 for her to follow to do consular processing abroad to get an immigrant visa and join you as your derivative beneficiary. You don't need to petition her with I-130.
      Thanks for your information

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      • #4
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