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can_wien

EB-3 Visa - Spouse Process

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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?

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Filed: K-1 Visa Country: Wales
Timeline

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.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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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?

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Filed: F-2A Visa Country: Nepal
Timeline

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 by arken

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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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.

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Filed: F-2A Visa Country: Nepal
Timeline
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.


Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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Filed: F-2A Visa Country: Nepal
Timeline
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.


Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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