green card for wife

[Mufaddal]

Hello I have got my Labor and I140 approved. My priority date is Nov 2003. My lawyer is asking me to file for 485 but is not very forthcoming about my case.

Here is my problem:
I am getting married in september and I would wish to file for my wife so that she can receive her green card along with me. however she CANNOT join me in the US (till june 2008) as she is completing the last year of her studies back in India.

1. I have heard that I cannot file for her (adjustment of status) if she is not with me in the US. Is that true?
2. If #1 is true then what other options do we have to file simultaneously?
3. I have heard about consular processing and I am not sure about the pros/cons, priority dates etc. Can anyone guide me through what is consular processing? Or send me links?

Confused.

 

[ImmigAttyLana]

That is true. She cannot file her AOS until she is physically present in the US. As long as she enters the US before your AOS is approved, she can file her AOS as your dependent. If she is not able to enter the US before your AOS is approved, she will have to consular process for her immigrant visa on the basis of your I-140 approval and your AOS approval but that can take longer because of the processing times.

I am a little surprised why your attorney, who is representing your interests is not "forthcoming" about your situation.


Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[Mufaddal]

Thanks for the reply. Let me clarify further. I would like both me and my wife to get the green card simultaneously, in other words, I want to show her as my dependent when I file for my 485.

I have heard that if she files AFTER my approval comes through, it could literally take years before she could join me in the US. I don't want that to happen.

In the words of my attorney: "Your wife cannot file for consular processing if you are filing in the US". I believe this means that I cannot show her as a dependent if she is not in the US and that she cannot go for consular processing at the same time as I file for my AoS.

If the above is not possible then the only option for me, I believe, is for BOTH of us to file for Consular Processing. What are the risks involved in that? Or is that even possible?

My marriage certificate wont be ready till the beginning of September. Hence I wont be able to meet the Aug 17 deadline anyways.

 

[ImmigAttyLana]

That's really not correct what your attorney is telling you. You can absolutely file for your own AOS and as long as you are married before your AOS is approved, she will be able to consular process for her immigrant visa on the basis of your approved I-140 and your approved AOS at the US Consulate abroad. It will not take years but it can take up to a year for all the paperwork and processing at the Consulate. This means that you will not be able to get the green card at the same time but essentially she will be getting her green card on the basis of yours and not on the basis of you later sponsoring her as your wife, which CAN and WILL take years.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[Mufaddal]

so what are the steps I need to take? is it the following:

1. I file for AoS ASAP. I will have to declare myself as single I assume?
2. As soon as I get my marriage certificate, notify BCIS? Do "I" need to modify my application then and resend papers?
3. After the marriage what do me and my wife need to do to start her consular processing?

As you can imagine, this is a bit of a stressful time for me. Hence, if I sound muddled up, I apologize. I just don't want to miss the boat so as to speak!

Thanks!

 

[ImmigAttyLana]

You just file the application on your own now and once you are married, your wife, if she will continue to remain abroad and not plan to enter the US as a H-4, will need to wait until your AOS is approved and consular process for her immigrant visa. You will not need to do anything with your own application but will need to file a new petition for a notice of action on your AOS to be forwarded to the consulate where your wife will be applying for her immigrant visa.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[Mufaddal]

Thanks!

Ok I was able to get a confirmation of this from my attorney! Thanks so much for putting it in such simple language. I should be able to take it from here on.

I really appreciate it.

Thanks!