Following-to-Join Benefits for Pending Adjustment of Status Spouse

[snowfire]

Please help me solve my complicated case. I talked to several immigration lawyer but they are unwilling to help. My current lawyer doesn't want to say anything just say to we'll talk when my husband I 485 is approved.

We got married in the US in 2004.

My spouse has an approved I-140 (His Priority Date (PD) is Oct 2006.) he has submitted I-485 in Aug 2007. Currently he is waiting for his Adjustment of Status (AOS) to be approved. We've been married for > 2 years before he submitted I-140 & I-485. However, I was not present in the US when he submitted his I-485 so I'm not included in the I-485.

He has a separate H1 with another co. Right now, I'm in the US with H4 from his H1.

I'd like to know my option as to how I need to proceed if he got his I-485 approved:
1. Is following to join benefit my only option to get a green card with my spouse?
2. Any other option besides following-to-join benefits so that I can be with his I-485 process to get green card together with him?
3. Can I submit I-824 right now to apply for following-to-join benefits or I need to wait until his I-485/AOS is approved?
4. Can we apply following-to-join benefits from the US instead of having to go back to my country?
5. I'm worried about my H4 status when his I-485 is approved, that means his H1 is no longer valid, am I correct?
6. Do I have to be separated from him (go back to my country) while waiting for my following-to-join benefits process?
7. How long is the process for the following-to-join benefits?

Sorry for my long question because I'm very anxious.

Thank you so much for help.

Please help...

[hotelier73]

Go with the flow!

Please read this link, as this website has very easy to understand information . I hope this will help https://www.immihelp.com/following-t...sed-greencard/

[snowfire]

Re: Go with the flow!

Hi,

Thank you for your quick response. I've read the link that you sent below before I posted my questions & I still don't understand. That's why I posted my questions in the forum.

snowfire

Please read this link, as this website has very easy to understand information . I hope this will help https://www.immihelp.com/following-t...sed-greencard/

[hotelier73]

Wait!

Your lawyer is right. As your husband has already filed for his AOS only , you will have to wait until he gets his GC. After receiving his GC, he can file I-824 with all the supporting documents. You won't have to go back to your home country for CP as he and as well as you are already in USA. But make sure don't waste any minute. The moment he receives his approval notice on his I-485, you should start preparing your application and will have to wait for the actual GC to come in the mail, because a copy of actual GC is required to submit I-824. And please let me remind you that I am not an attorney. And as far as you being out of status, check your I-94 for expiration date. For further complex questions, consult with a competent immigration attorney who has a good handle over these issues.