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I-485 for spouse

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  • I-485 for spouse

    I came to US on H1 visa and then I applied for greencard .I filled my I-140 and I-485 simultaneously. I was not married when I filled my I-485. I got married in July 2005 but my GC got approved in June 2005. I got married in July 21st 2005. I got email from INS in August 2005 that my GC is approved and by that time my wife came here in US on H4 visa. I applied for her I-485 in Aug 2005. Now i got a notice from INS that her application was denied because the marriage took place after GC approval which is correct. But i was not informed by anyone neither I see online that my GC is approved till the date of my marriage. As per my conversation with my attorney we can appeal but we cannot win, she is illegal now. What is the option she can stay legally here with me and take care of our baby also who is 4 month old?

  • #2
    Unfortunately her only option to stay here legally is through some work visa, because since you are a GC holder, althoigh you can apply for her, you (or she rather) cannot file I-485 since there are no visas currently available for spouses of GC holders, and the wait is about 4 years

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