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Commonly Asked Immigration Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

In how much time can a Green Card Holder in America bring his legal wife to USA after marriage?

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Answered by attorney Phong Thanh Tran (Unclaimed Profile)
Immigration lawyer at Law Office of Pho Ethan Tran, PLLC
Depending on what country your wife is from, it can take at least 3-4 years before a visa will become available. Based on your description, it may save you some time or make more sense for you to submit the petition now.
Depending on what country your wife is from, it can take at least 3-4 years before a visa will become available. Based on your description, it may save you some time or make more sense for you to submit the petition now.
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A company filed H1b for my wife(who is on H4 visa with me in US) this year through H1b quota. if H4 visa is expired and if we are still waiting for

Answered by attorney Alan Lee
Immigration lawyer at Alan Lee Arthur Lee, Attorneys at Law
If your wife's H-4 visa status is expired and she is still waiting for the H-1B which was filed on her behalf, she would not be considered out of status as long as the H-4 extended until September 30 if your wife is applying for a cap H-1B. Your wife can file for an H-4 extension even after the date is expired, but it will be up to U.S.C.I.S. as to whether it will approve a late extension. As your I-140 petition is already approved, you can think of your wife filing an H-4 EAD, but should be aware that U.S.C.I.S. is reportedly looking to rescind the rule that allows H-4 employment. If you and your wife do decide to go that route, your wife can file for extension and EAD at the same time. If your wife obtains the H-4 EAD before her H-1B is approved and the H-1B is later approved, the H-1B would be valid and supersede the H-4. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  
If your wife's H-4 visa status is expired and she is still waiting for the H-1B which was filed on her behalf, she would not be considered out of status as long as the H-4 extended until September 30 if your wife is applying for a cap H-1B. Your wife can file for an H-4 extension even after the date is expired, but it will be up to U.S.C.I.S. as to whether it will approve a late extension. As your I-140 petition is already approved, you can think of your wife filing an H-4 EAD, but should be aware that U.S.C.I.S. is reportedly looking to rescind the rule that allows H-4 employment. If you and your wife do decide to go that route, your wife can file for extension and EAD at the same time. If your wife obtains the H-4 EAD before her H-1B is approved and the H-1B is later approved, the H-1B would be valid and supersede the H-4. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  
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Can I apply for the green card for my wife and me?

Brian D Lerner
Answered by attorney Brian D Lerner (Unclaimed Profile)
Immigration lawyer at Law Offices of Brian D. Lerner
It is unlikely you can continue to use it after she files. *Request for Marriage and Adjustment of Status Application* A marriage proposal and application for adjustment of status must be prepared and presented. Our firm can prepare and send this petition to the USCIS office that initially resolved such requests .. The work permit application is also presented and it usually takes several months to get cast. The last interview for the Green Card will be around one year after the filing of the petition. There are a myriad of different ways, exhibitions and information that needs to be completed. Any of these items, if done poorly, it could request denied or delayed indefinitely.
It is unlikely you can continue to use it after she files. *Request for Marriage and Adjustment of Status Application* A marriage proposal and application for adjustment of status must be prepared and presented. Our firm can prepare and send this petition to the USCIS office that initially resolved such requests .. The work permit application is also presented and it usually takes several months to get cast. The last interview for the Green Card will be around one year after the filing of the petition. There are a myriad of different ways, exhibitions and information that needs to be completed. Any of these items, if done poorly, it could request denied or delayed indefinitely.
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