I am in the US on H1B. My spouse had his I-140 and I-485 filed in May 2015. We got married in Nov 2015. He got his permanent resident card in April 2016. We are wondering if it is possible to file a 'follow to join' for me using I-824 in this situation? Do we need to file a I-485 for me too? I'm trying to understand if it is possible to go this route instead of I-130 and waiting for a visa number. I was told that I cannot do I-824 because that is only for spouses who are outside US.
You do not need I 824 if your are here in a valid nonimmigrant status. Just file I 485 with a copy of his I 140 . Hire a lawyer .
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
The I824 is not used in this situation. Contact a US immigration attorney regarding your I485 filing.
You should be able to adjust status if you are currently maintaining H-1B.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
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