I have GC and Help me to file for my Spouse and Child

[[email protected]]

Hi,

I would really appreciate if you could help me on the following question.

I got my Permanent Residency (I 551) Green Card on March 14, 2012. I didn't include my Spouse and my Child on my I 485 as they were out side of the country when I filed. I am planning to apply for them now as they are in the country on Non-Immigrant visa (My wife on L1-A and my child on L-2).

1. I heard that I need to file I 130 for my Spouse and once a visa number is available, I can apply I 485 (AOS). Shall I apply both now? Or do I need to wait until I 130 is approved?

2. Do my Child (Unmarried and under 21) require I 130 as well? Or I can directly file I 485 directly?

Please advise.

Thanks in advance for your help and assistance.

[deathrow2020]

I have GC and Help me to file for my Spouse and Child

Since you're a GC holder, you cannot file forms I-130 & I-485 concurrently for your immediate family (in this case, your wife and unmarried child under 21), a feature only available for the immediate relatives (spouse, unmarried children under 21 yrs old) of USCs.

You can however file separate I-130 for both of them, when approved and visa numbers become available for them, then they'll both be eligible for AOS which is only when they can file form I-485 for an AOS. Your unmarried child if still under 21 and if included on your wife's AOS would have a derivative status in case your wife's form I-130 becomes current first and based on that she files for an AOS, for instance.

Hope the above helps u out. Good luck.

[deathrow2020]

I have GC and Help me to file for my Spouse and Child

I forgot to mention that immediate family of USC also includes parents of the USC.

[[email protected]]

I have GC and Help me to file for my Spouse and Child

Thank you so much for your reply. Greatly appreciated.

Yes. that helps a lot.

I am planning to file their I 130 now and wait for the visa numbers. How can I know their visa numbers are available? Is I 130 approval indicates that they are good to file AOS?

Also it would be really great if I know the documents goes along with I 130.

Thank you.

[BartleB]

Hello
I have a question. If my wife (greencard holder) apply for i130 for me (j1 holder) will i be able to stay in US?