Attorney & Law Firm Directory Verified US Attorneys
Sign In Free Sign Up

How to get green card for potential spouse

· · 0 views
Hello,
I am on H1B visa now. My employer filed a green card application for me. I am working as a college professor and I am in the last stage of green card application process. I just need to file I-485. My girlfriend has a visitor visa. She is planning to start a school in Jan, 2017. In other words, she will be in F1 visa status on January 2017. She will go to Moscow to have F1 visa interview. We want to live together.
If I apply to I-485 as single, is it possible to get US Lawful Permanent Resident for her later? We want to learn the process. Can she stay in US during application process? How long will this process last? She is a Russian citizen.
Alternatively, we can apply to I-485 together after we get married. My H1B visa will expire on 9/2017. I don't want to wait longer as I need to get green card by 9/2017. Can you please let me know my options? How long more can I wait to file I-485?
Thanks,

3 Attorney Answers

Best Answer
Priviet,
"Options" and "strategy" are analyzed and decided upon during the course of a private consultation with an experienced lawyer. Avvo is a general public blog.
Should you two marry once your GF is in the USA, she will have the option of "adjusting status" at the same time as you, as long as your I-485 has not been adjudicated (granted) yet. A crucial timing (and proper strategy) issue.
Best Answer
If you have a pending I-485, and the visa filed for you is still available, and you have a spouse in the U.S., your spouse can file her own I-485 based on your I-140.
Best Answer
She can file her own I 485 as your derivative at any time provided ALL of the following is true: 1. She is your spouse. 2. in the USA on a valid nonimmigrant status. 3. your I 485 has not yet been granted when she files hers. 4. She had not lied to US government at any stage including about her intentions to immigrate when she tried to present herself as a genuine nonimmigrant at the student visa interview and through such lies, rendered herself inadmissible. In the case of the latter, she would need a hardship waiver but could still be your derivative.

Sign in to answer this question.

Sign In or Sign Up as an Attorney