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AnkitShah

i485 for my spouse

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HI,

 

Currently I am working in USA on H1B visa and my company filed green card for me. I got the i140 approved on March 3rd, 2019.

Now I will get married in May, 2019 to my girlfriend from the Philippines, currently living in the Philippines. 

Once we are married, I will invite her to USA on H4 dependent visa. 

 

My question is once she arrives in USA, can I file adjustment of status for her i.e. i485 and then green card? 

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Posted (edited)
30 minutes ago, AnkitShah said:

My question is once she arrives in USA, can I file adjustment of status for her i.e. i485 and then green card? 

Yes, she can file her I-485 as long as your I-485 is not yet approved.

 

What is your country of birth? What is your Priority Date and what EB category? Have you been able to file your I-485? What is her country of birth (if not Philippines) ? Do you know about cross-country chargeablity? 

Edited by USS_Voyager

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1 hour ago, USS_Voyager said:

Yes, she can file her I-485 as long as your I-485 is not yet approved.

 

What is your country of birth? What is your Priority Date and what EB category? Have you been able to file your I-485? What is her country of birth (if not Philippines) ? Do you know about cross-country chargeablity? 

Thank you @USS_Voyager

 

My country of birth is India and my EB category is "EB2". My priority date is March 3rd, 2019.

But for Indians the wait time for i485 is long and the current PD in processing is of 2009.I have approved i140 and so did not filed my i485, I don't think it will be in near future as well.

My spouse birth of country is the Philippines and no sir, I do not know about cross-country chargeablity.

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The Filipino spouse can apply for and likely be approved for an H4 based on your H1. She could work on an EAD; however, any green card would have to wait.. a long time.. because India EB2 is not current. Not by a long shot considering your i140 approval just this month. 


I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

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Posted (edited)
13 minutes ago, AnkitShah said:

My country of birth is India and my EB category is "EB2". My priority date is March 3rd, 2019.

But for Indians the wait time for i485 is long and the current PD in processing is of 2009.I have approved i140 and so did not filed my i485, I don't think it will be in near future as well.

My spouse birth of country is the Philippines and no sir, I do not know about cross-country chargeablity.

Then, my friend, I am about to make your day. This is gonna be the best news you hear this month. 

 

Cross-country chargeability means that, you (and your spouse) will be able to charge your visa count to HER country of birth (actually either one of the two countries). The last time I check, The Philippines EB2 is "C". Meaning, after you two get married and come back to the US, both of you will be able to file both of your I-485 immediately based on your approved I-140. You both will probably have your green card by next year, instead of the 10+ years backlog for EB2-India.

 

Congratulations! 

 

https://www.murthy.com/2016/03/28/cross-chargeability-in-green-card-cases/

4 minutes ago, WeGuyGal said:

The Filipino spouse can apply for and likely be approved for an H4 based on your H1. She could work on an EAD; however, any green card would have to wait.. a long time.. because India EB2 is not current. Not by a long shot considering your i140 approval just this month. 

No, see my response above 

Edited by USS_Voyager

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Oh I forgot about cross chargeability

 

Hmm, don't see an Indian-Filipino marriage everyday. 


I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

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10 minutes ago, USS_Voyager said:

Then, my friend, I am about to make your day. This is gonna be the best news you hear this month. 

 

Cross-country chargeability means that, you (and your spouse) will be able to charge your visa count to HER country of birth (actually either one of the two countries). The last time I check, The Philippines EB2 is "C". Meaning, after you two get married and come back to the US, both of you will be able to file both of your I-485 immediately based on your approved I-140. You both will probably have your green card by next year, instead of the 10+ years backlog for EB2-India.

 

Congratulations! 

 

https://www.murthy.com/2016/03/28/cross-chargeability-in-green-card-cases/

No, see my response above 

@USS_Voyager well this is the best news of this year :) . Thank you for your quick response, once I get married, will start the process ASAP.

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5 minutes ago, AnkitShah said:

@USS_Voyager well this is the best news of this year :) . Thank you for your quick response, once I get married, will start the process ASAP.

 

Yeah, just remember like it says in the article, you both need to file the two I-485 at the same time for it work.

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