Please help: AOS for my husband, wife getting LPR through Consular processing

[hemamahh]

I recently got email from NVC with case number and US embassy in Berlin will process my visa though I have written the US embassy of my home country in form i140 for processing. I live in Berlin and my husband lives in US. Initially our plan was to do consular processing from our home country. Things would change now after receiving an email from NVC. We do not want to change the consulate which would delay our case by several months.

Can my husband do adjustment of status (without filing I-130) after I come to obtain immigrant visa in Berlin and enter the US as a lawful permanent resident? Is there any follow-to-join benefits in our case?

Please share your experiences or thoughts if anybody know or had gone through this thing?

[inadmissible]

Yes, your husband can file I-485 and apply for adjustment of status in the United States as a derivative of your own employment-based permanent residency IF

He entered the United States with inspection (eg he was admitted on a visa at the port of entry), and
he maintains continuous lawful presence from the time of admission right up to the time of adjustment of status

[hemamahh]

Yes, your husband can file I-485 and apply for adjustment of status in the United States as a derivative of your own employment-based permanent residency IF

He entered the United States with inspection (eg he was admitted on a visa at the port of entry), and
he maintains continuous lawful presence from the time of admission right up to the time of adjustment of status

Thank you for the reply. Just to confirm that I do not need to file I-130 form for my husband after I enter the US. My husband will be doing adjustment of status under employment based category, Alien worker, Form I-140 (Part 2, 1(b) of form I-485). Is this correct?

[newacct]

Yes, your husband can immigrate as your derivative beneficiary after you immigrate; you don't need to petition him for family-based immigration separately. Yes, as your derivative he will have the same category and priority date as you.

Note that in this case where the principal consular processes and the derivative does AOS, he can only file I-485 after you have entered the US with your immigrant visa (and thus became a permanent resident). You will need to provide a copy of your I-551 (which can be a green card; but before the green card arrives, your immigrant visa stamped upon entry is also an I-551 so you can use that immediately).

[hemamahh]

Yes, your husband can immigrate as your derivative beneficiary after you immigrate; you don't need to petition him for family-based immigration separately. Yes, as your derivative he will have the same category and priority date as you.

Note that in this case where the principal consular processes and the derivative does AOS, he can only file I-485 after you have entered the US with your immigrant visa (and thus became a permanent resident). You will need to provide a copy of your I-551 (which can be a green card; but before the green card arrives, your immigrant visa stamped upon entry is also an I-551 so you can use that immediately).

Thank you so much for the reply. It is a great relief. Is there any other forms to be submitted prior to I-485 for derivative beneficiary? Does my husband need to submit form DS-260 too?

[newacct]

Thank you so much for the reply. It is a great relief. Is there any other forms to be submitted prior to I-485 for derivative beneficiary? Does my husband need to submit form DS-260 too?

Nope. Just I-485 (and optionally things like I-765 for EAD and I-131 for AP based on I-485).

[hemamahh]

Nope. Just I-485 (and optionally things like I-765 for EAD and I-131 for AP based on I-485).

Thanks a lot! Much appreciation!