Got my GC last year, how to apply GC for my spouse now?

[reachme_s]

By God's Grace, I had already received my GC last year. But hadn't filed for my spouse. Can someone please help me understand IF we can file GC for him now and if so, how to file it?

Sorry if I'm posting in the incorrect thread..please help!

[Spectator]

By God's Grace, I had already received my GC last year. But hadn't filed for my spouse. Can someone please help me understand IF we can file GC for him now and if so, how to file it?

Sorry if I'm posting in the incorrect thread..please help!

reachme,

You need to provide more information.

For example:

When were you approved?
Were you married before receiving your GC?
Where has your spouse been since you were approved? In the USA? In what status? Outside the USA?

In general, if the marriage took place before the primary was approved, the spouse is eligible to file as a dependent using the primary's Category and PD. How it is processed depends on where the spouse is and whether they are eligible for AOS.

If the marriage took place after the primary was approved, the spouse would have to be processed under FB2A. The first step would be for the LPR to file an I-130 to sponsor them. Since FB2A is retrogressed, there would then be a wait before AOS or CP could be filed or completed as appropriate.

[reachme_s]

Spec,

Thanks for your quick response. Here are the answers.

When were you approved?
>> Nov 2014

Were you married before receiving your GC?
>> The marriage took place several years before I got my GC, but my spouse is not in the US

Where has your spouse been since you were approved? In the USA? In what status? Outside the USA?
>> Outside the USA

[Spectator]

Spec,

Thanks for your quick response. Here are the answers.

When were you approved?
>> Nov 2014

Were you married before receiving your GC?
>> The marriage took place several years before I got my GC, but my spouse is not in the US

Where has your spouse been since you were approved? In the USA? In what status? Outside the USA?
>> Outside the USA

reachme,

You should talk to an attorney, but the process as I understand it is as follows for a person outside the USA:

a) You will need to submit an I-824 to USCIS. Option c as the reason for the request seems to be the appropriate one.

b) When approved, USCIS will send the I-824 to NVC who will start the Consular Processing process for your spouse.

c) Ultimately, that would result in your spouse undergoing a Consular Interview (when the dates are current) and being admitted to the USA as an LPR.

The I-824 could have been submitted even prior to your I-485 approval. USCIS would not have started processing it until your I-485 was approved. Your spouse might have been able to have had the Consular interview when the Feb 2009 PD becomes current again shortly.

Currently NSC shows a 4.5 month processing time for an I-824, while TSC shows 9 months.

Please check with an attorney - I only know the broadest details of the process.

[reachme_s]

Spec- Thank you very much for the information. This really helps, will certainly speak with an attorney soon. If my 485 got processed by TSC, then my husband's I-824 will also go through the same route correct?

reachme,

You should talk to an attorney, but the process as I understand it is as follows for a person outside the USA:

a) You will need to submit an I-824 to USCIS. Option c as the reason for the request seems to be the appropriate one.

b) When approved, USCIS will send the I-824 to NVC who will start the Consular Processing process for your spouse.

c) Ultimately, that would result in your spouse undergoing a Consular Interview (when the dates are current) and being admitted to the USA as an LPR.

The I-824 could have been submitted even prior to your I-485 approval. USCIS would not have started processing it until your I-485 was approved. Your spouse might have been able to have had the Consular interview when the Feb 2009 PD becomes current again shortly.

Currently NSC shows a 4.5 month processing time for an I-824, while TSC shows 9 months.

Please check with an attorney - I only know the broadest details of the process.

[Spectator]

According to this page it would be filed at the Dallas Lockbox, so TSC would probably process it.

[reachme_s]

Got it. Thank you Spec. Going to meet an attorney tomorrow.

According to this page it would be filed at the Dallas Lockbox, so TSC would probably process it.