Applying for adjustment of status

[sharna413 8]

Hello!

 

My husband and I have been living in America for over 6 years now - We moved together as J1's, then returned to Australia for 3 months, started a business and moved back to America on the E-1 visa. During that time, I was accepted in the green card lottery and have now been a LPR for 4 years. Stupidly, my husband and i were not married at the time of my GC application and as he still had 3 years on his E1 visa, I didn't include him on my initial application. We married July 2017 and I immediately filed for i-130 and last month we received notification that it has been approved and sent to NVC. My husband is still on the E-1 visa with 3 more years until expiry (it was renewed last year). 

 

Do I apply for an adjustment of status for him now or do I need to wait until I hear from NVC? I was also told to apply for an EAD for him. Whilst he can work for our own company under the E1 visa, it would be nice if he had the rights to pick up additional work to help pay all these damn visa fees! 

 

Any guidance is much appreciated.

 

Cheers!   

[arken 4,197]

Your PD is already current based on Date of filing table of visa bulletin, so you two can file for AOS including EAD/AP. USCIS will then ask NVC to send back your file to them. In the mean time you can just send a courtesy email to NVC saying you will be going for AOS with USCIS. You don’t need to wait for NVC to contact you.

[Ontarkie 13,922]

~~Hijacked post removed. If you have your own question you need to start a thread of your own.~~