Green card for my wife

[tufaan]

Dear Alan

I got my green card in June 2007. I got married to my wife before my green card got approved. My employment based green card had many many issues but finally got approved. When I got married I asked my lawyer to send an application for my wife as well and he adviced not to apply right now since my green card case was already over-complicated and not to complicate it even more. He further said that as long as I get married before my green card is approved, she can definitely get green card based on my original petition. Based on all that I have read, I agree to that but wanted to know what are your thoughts.

Now assuming that she will get green card based on my 485 application itself, there is another problem. Just after my green card got approved, the PD got retrogressed. My PD was Sep 2002 in EB3 category from India. When I talked to some people, they said I will have to wait till the PD gets current to apply for my wife. I really find this rediculous.

Also if it matters, we have a child, she is 16 months now. She is on H1B visas that expire in around 15 months.


My Questions:
1) Can she get green card based on my original approved I-485 application?

2) Can she apply for a I-485 application right now or does she have to wait till the EB3 India PD becomes Sep 2002?

3) If she has to wait, what are our options? She can't go back to India after 15 months. Like I mentioned we also have a 16 month old daughter.


I thank you very much in advance to help me out here with youy valuable advice.


Regards

[admin]

Originally Posted by tufaan

Dear Alan

I got my green card in June 2007. I got married to my wife before my green card got approved. My employment based green card had many many issues but finally got approved. When I got married I asked my lawyer to send an application for my wife as well and he adviced not to apply right now since my green card case was already over-complicated and not to complicate it even more. He further said that as long as I get married before my green card is approved, she can definitely get green card based on my original petition. Based on all that I have read, I agree to that but wanted to know what are your thoughts.

Now assuming that she will get green card based on my 485 application itself, there is another problem. Just after my green card got approved, the PD got retrogressed. My PD was Sep 2002 in EB3 category from India. When I talked to some people, they said I will have to wait till the PD gets current to apply for my wife. I really find this ridiculous.

Also if it matters, we have a child, she is 16 months now. She is on H1B visas that expire in around 15 months.


My Questions:
1) Can she get green card based on my original approved I-485 application?

2) Can she apply for a I-485 application right now or does she have to wait till the EB3 India PD becomes Sep 2002?

3) If she has to wait, what are our options? She can't go back to India after 15 months. Like I mentioned we also have a 16 month old daughter.


I thank you very much in advance to help me out here with youy valuable advice.


Regards

I agree, she should be allowed to come based on your 485 approval. However, the other info you received is also right, her visa availability will be based on your original priority date. If it has in fact retrogressed, she will have to wait.

Alan