Sponsoring Wife - Did not include on Green Card Application

[canadianus]

I am a Canadian Citizen and got my greencard in July and am living in the USA

I got married to a Canadian Citizen in Canada in June but did not amend my application in time. Since we were married with a marriage certificate before the issued greencard date can I still do anything? Or do I have to go through the regular processing for my wife now and endure the wait times?

[rayb]

The answer depends on what basis was used for you to be petitioned for a Green Card. If you were petitioned as a single person, the visa class is different than if you were petitioned as a married person, possibly not even eligible as married.

On what basis was your petition submitted?

-Ray B

I am a Canadian Citizen and got my greencard in July and am living in the USA

I got married to a Canadian Citizen in Canada in June but did not amend my application in time. Since we were married with a marriage certificate before the issued greencard date can I still do anything? Or do I have to go through the regular processing for my wife now and endure the wait times?

[canadianus]

It was petitioned through my employer. At the time of the filing I was single so it had to be petitioned as a single person. I only got married in June and was issued the greencard in the first week of July.

Thanks for your response and any further clarification is appreciated.

The answer depends on what basis was used for you to be petitioned for a Green Card. If you were petitioned as a single person, the visa class is different than if you were petitioned as a married person, possibly not even eligible as married.

On what basis was your petition submitted?

-Ray B

[rayb]

Since you now have the Green Card, your wife would not have to be petitioned with a separate I-130. The eligibility of her Priority Date would depend on the benefits allowed by your own enabling visa status.

--Ray B

It was petitioned through my employer. At the time of the filing I was single so it had to be petitioned as a single person. I only got married in June and was issued the greencard in the first week of July.

Thanks for your response and any further clarification is appreciated.

[canadianus]

I don't follow I am sorry. Just to clarify I could still have the possibility of her being petitioned with my Green Card file even thought I have received the Green Card and since our marriage was done 1 month prior to the green card being issued?

Also what do you mean by my own enabling visa status? I am on a green card here and have no other visas. Sorry for all the questions but I cant find the right answers anywhere. Thanks.

Since you now have the Green Card, your wife would not have to be petitioned with a separate I-130. The eligibility of her Priority Date would depend on the benefits allowed by your own enabling visa status.

--Ray B

[rayb]

Let's start with basics. What employment-based visa type got you into the U.S.?

What was your status that allowed your employer to convert your status to Permanent Resident?

Based on your answers, I can probably suggest how to get your wife Green Card status.

--Ray B

I don't follow I am sorry. Just to clarify I could still have the possibility of her being petitioned with my Green Card file even thought I have received the Green Card and since our marriage was done 1 month prior to the green card being issued?

Also what do you mean by my own enabling visa status? I am on a green card here and have no other visas. Sorry for all the questions but I cant find the right answers anywhere. Thanks.

[canadianus]

Thanks so much!

Here are my statuses with the company. I came in on a TN-1 then was sponsored for a H1B visa by the company. The company then petitioned a EB3 application for Green Card for me. I was then issued the green card in July of 2016. I was married in June of 2016.

Let's start with basics. What employment-based visa type got you into the U.S.?

What was your status that allowed your employer to convert your status to Permanent Resident?

Based on your answers, I can probably suggest how to get your wife Green Card status.

--Ray B

[rayb]

While you were EB3 status, your wife could also have applied for E34, E35, EW4 or EW5 (based on your particular skill catgegory). Now that you have Green Card, however, I believe that you would have to petition her for CR-1 spousal immigrant status. I am only offering my opinion that her eligibility for E34, E35, EW4 or EW5 visa cannot be retroactive.

--Ray B

Thanks so much!

Here are my statuses with the company. I came in on a TN-1 then was sponsored for a H1B visa by the company. The company then petitioned a EB3 application for Green Card for me. I was then issued the green card in July of 2016. I was married in June of 2016.