bring spouse after starting Green Card

[mar0...@hotmail.com]

Hi,
I am on a H1-B Visa and i have it until sept. 2006 and can be extendted
for 3 more yrs but i am planning to get my green card process started
and i am getting married this november and will be visiting my country
(india) and i have to bring my wife along, so, i am wondering if i
should start my green card process and if that could impact me bringing
my wife, i mean what would be her status once i start the process?
Thanks
karan

[ta...@hotmail.com]

Start a green card process won't have any impact on bringing your wife
with you. But if you get married after you GC is approved then your
wife will have to wait (currently up to 4-5 years). I would say
maintain your H1-B status and bring your wife under H4.

[Bic]

With the immigration procesesing times nowadays you may never know. I
don't know what are the processing times now for DOL, but if you wave
labor certification, you might be one of the lucky ones and get
approved very fast and then you won't be able to bring your wife here
for a good deal of time.
If you go through labor certification, you add your spouse to the file
only in the I 140-I485 stage. But once your case is approved there's
nothing you can do about rushing her over here.
Good Luck!

[Hnchoksi]

>Subject: bring spouse after starting Green Card
>From: mar0...@hotmail.com
>Date: 1/4/2005 11:02 PM Eastern Standard Time
>Message-id: <1104897737.6...@z14g2000cwz.googlegroups.com>

Makes no difference

[amanda...@yahoo.com]

Your situation is slightly different from a family friend of mine who,
by the time, he went home and got married, he already had his GC (you
would still be on H-1 with your GC application pending). Since he
wasn't on H-1, he couldn't bring his wife on H-1 B and hence had to
file I-130 petition for her. Boy ...did it take long? He became a
citizen and refiled I-130 for his wife.

Though you would be able to bring your wife on H-1B even after you
filed for GC before leaving US to get married, what are the option you
have in order to apply GC for your wife? Can you add her GC
application (I-485) with yours once she gets here or would she have to
wait till you become a GC holder. Then, it will take her a long time
to get it. In the mean time, she won't be able to work. And once you
are a GC (and not H-1 anymore) what would her status be? What if she
wants to go abraod for a visit?

If you just bring her on H-1B, and then the two of you file for GCs
together, I think she will get it when you get your GC. You should
consult an immigration lawyer specificaly bringing up these things.