I married my wife while my petition for employment-based permanent residency petition was pending. How can she join me?

Asked over 3 years ago - Seattle, WA

I married my wife while my petition for employment-based permanent residency petition was pending. Do I have to file a petition before she can come to the United States to join me?

Attorney answers (3)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

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    Answered . Not only doesn't she need a separate petition, but if you are currently on H-1B or L-1 nonimmigrant status, she can immediately obtain an H-4 or an L-2 visa, and join you in the U.S. When your priority date is reached, she can adjust status along with you.

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  2. Kevin Lederman

    Contributor Level 7

    1

    Lawyer agrees

    Answered . You do not need to file a petition on her behalf. Because you were married prior to the approval of your I-485, she is eligible for permanent resident status as your dependent. If you have maintained your underlying nonimmigrant status while your I-485 has been pending, she can simply apply for a dependent nonimmigrant visa. If you have allowed your nonimmigrant status to lapse, you will have to ask your employer to petition for your nonimmigrant status again. Once you have valid H-1 or L-1 status, she will be eligible for dependent H-4 or L-2 status.

  3. Juan Paolo Pasia Sarmiento

    Contributor Level 15

    1

    Lawyer agrees

    1

    Answered . No need to file a separate petition. As long as the marriage occurred before you obtained your permanent residency, she would be in a follow to join situation without a separate petition needed. She can go straight to the immigrant visa process assuming visa numbers are available already. So if you're eligible to apply for permanent residency (based on your question, I wasn't sure if you're EB-2 or EB-3), then she can go straight to the immigrant visa process without having to have a separate petition filed for her.

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