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If my wife gets Green Card what will happen to my L2 status?

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  • If my wife gets Green Card what will happen to my L2 status?

    Hi, My wife had applied for her Green Card - I485 and I-140 back in 2017 on Oct 17th under EB1 category. We got married in June of 2018. Her case was then picked up in Oct of 2018. Her I-140 is approved and I- 485 is pending Interview date.
    I’m on L2 status as a dependent to my wife. As of today, the dates have not changed for filing dependent I-485 as it still shows 1st Oct 2017.
    My question is, if she attends the interview and her green card is issued, what will happen to my status? What are our options?


  • #2
    If she becomes a permanent resident, you go out of status, but it shouldn't be possible for her AOS to be approved until a month when the Final Action Date passes her priority date, and during that month you would be able to file I-485 anyway. Since you are in an employment-based category, you are eligible to file I-485 even if you have been out of status as long as you haven't been out of status or working illegally for 180 days since your most recent admission, so it would still be okay even if you file for AOS a little after her AOS is approved.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Final Action Dates for EB1 born in India for May 2019: 22FEB17, for June 2019: 01JAN15.
      If USCIS determines there are more immigrant visas available for a fiscal year than there are known applicants for such visas, we will state on this page that you may use the Dates for


      I hope that for October 2019, they select Dates For Filing and the date moves past 17OCT17, so you can file your I-485.
      Nov 2018 - Package sent - EB - Texas Service Center
      Day 1 - Package received at the lockbox
      Day 999 - Card delivered to me - Aug 2021
      ---
      All my posts are based on my experience or information I read on the forums or the USCIS website. I may be wrong. Please consult a professional.

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