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Following to Joint
Hello, I have a very unique case a lot's of bad luck. I married my wife when I had my H1B visa, she got her H4 visa approved but before she entered the US with her new H4Visa my Green Card was approved. Also, when my Green Card was approved I was overseas in her country and we both entered the US together not knowing that my Green Card was approved. At the port of entry she was accepted with her H4 Visa and I was accepted with my H1B Visa. When we arrived home we realized my Green Card was approved so very sadly we realized we could no longer adjust her status by applying to her I-485 because my H1B was already adjudicated.
Since we couldn't apply to her I-485 we were advised to apply instead to both the I-130 & I-485 at the same time, shortly after her I-485 was rejected and the explanation was that her priority date was not current. We are now being adviced that because we got married before my Green Card was approved, we have following-to-joint benefits. They are telling us that we should have never applied to the I-130, that we don't have to wait for her priority date to become current which would take over two years.
Need help answering this simple but complicated questions:
1) Can we apply to the I-824 even though she is in the US or does she have to return to her country in Mexico?
2) We have not received any rejection to the I-130, should I cancel that application for fear that it might impact the new application I-824 or it doesn't matter?
Thanks!!
Since we couldn't apply to her I-485 we were advised to apply instead to both the I-130 & I-485 at the same time, shortly after her I-485 was rejected and the explanation was that her priority date was not current. We are now being adviced that because we got married before my Green Card was approved, we have following-to-joint benefits. They are telling us that we should have never applied to the I-130, that we don't have to wait for her priority date to become current which would take over two years.
Need help answering this simple but complicated questions:
1) Can we apply to the I-824 even though she is in the US or does she have to return to her country in Mexico?
2) We have not received any rejection to the I-130, should I cancel that application for fear that it might impact the new application I-824 or it doesn't matter?
Thanks!!
