EB-3 Visa - Spouse Process

[can_wien 0]

Hi all,

 

I was hoping some of you could help me get clarity on the EB-3 process for a spouse. I understand that you can petition the spouse on the I-140. I am however unclear what happens after this process. Does the petitioned spouse need to file separately as well or will they just include all their info/proofs/etc with the  main green card applicant? Additionally, will the spouse get a work permit right away or at the same time the main applicant or is there a different process?

[Boiler 43,381]

EB 3 produces a GC, as a GC holder you can petition a spouse, historically they have been taking about 2 years. So assuming you have a GC , if you do not then you can include dependents on the EB3.

[designguy 1,179]

Your spouse can also join you on your EB3 as a derivative

[can_wien 0]

On 2/2/2020 at 1:43 AM, designguy said:

Your spouse can also join you on your EB3 as a derivative

Thanks for the response. I understand that I am able to bring my spouse but unsure about the procedure. Do they need to fill a I-140 form as well or is all done under the original I-140 form.

On 2/2/2020 at 1:16 AM, Boiler said:

EB 3 produces a GC, as a GC holder you can petition a spouse, historically they have been taking about 2 years. So assuming you have a GC , if you do not then you can include dependents on the EB3.

 I understand that I am able to bring my spouse but unsure about the procedure. Do they need to fill a I-140 form as well or is all done under the original I-140 form?

[arken 4,197]

You are not petitioning your spouse in i140, you will just be adding him/her in the i140 form for petition by your employer.

 

If concurrent filing is applicable and both are in the US, I485/i-765/i-131 can be sent together for both. Both may get EAD around same time, same with GC.

 
If its consular processing, after NVC processing, both will appear for immigrant visa interview same time. If approved, both will get the visa.

 

Edited February 3, 2020 by arken

[can_wien 0]

28 minutes ago, arken said:

You are not petitioning your spouse in i140, you will just be adding him/her in the i140 form for petition by your employer.

 

If concurrent filing is applicable and both are in the US, I485/i-765/i-131 can be sent together for both. Both may get EAD around same time, same with GC.

 
If its consular processing, after NVC processing, both will appear for immigrant visa interview same time. If approved, both will get the visa.

 

Hi thanks for your response. This was along what I was thinking. So if my employer is bringing me on as an eb3, I can put my spouses name on the application and we will get processed together? No other steps will need to be taken in order for to get her green card.

[arken 4,197]

10 minutes ago, can_wien said:

Hi thanks for your response. This was along what I was thinking. So if my employer is bringing me on as an eb3, I can put my spouses name on the application and we will get processed together? No other steps will need to be taken in order for to get her green card.

Correct.

May be for the interview, bring some relationship evidence. They don’t care about that much like in family based petition but good to bring some.

[arken 4,197]

38 minutes ago, arken said:

Correct.

May be for the interview, bring some relationship evidence. They don’t care about that much like in family based petition but good to bring some.

Just to add one more point: 

Only for i140, its just putting her info. After that, whether its AOS or consular processing, both of you will be go thru the same process in terms of filling forms or providing information.