Immigration Site

Dear Sir,
I am on EAD and AP since Dec 2007 and waiting for my green card with priority date of January 31, 2007 [Date I -485 application was filed with US-DOL]. I am getting married in India on January 2011 in India to an Indian Citizen who has never travelled to USA before. I am not sure how to bring her over to USA based upon on my existing status. I had following questions,
1) Is there any chance of bringing her over in January 2011 along with myself in my return trip?
2) The US-DOL VISA Processing times shows marked improvement in processing times, will these improvements benefit my case?
3) How long will my spouse have to wait to enter USA? If I cant bring her along with me in the month of January 2011.
4) Can she travel on Tourist VISA?
5) What happens to my own green card status or the I-485 application or status?
6) Any forms I should fill prior to my leaving for India in January or what needs to be provided to American Embassy in New Delhi, India?
Hopefully you can shed some light over these questions
Thanking you in advance
regards

Which category are you in? EB1 India? Do you have a valid H1B or L1?

They wont give her a tourist visa, because she is required to list any spouse or fiance who is in the US and theyll know she wants to file for AOS if she enters the US.

Thanks for a quick reply Jackolantern.
I am in EB2 category and I had my H1 B expired in July 2006 and then the 3 year extension expired in July 2009.
I am currently in US and working through an EAD and travel outside using AP since Dec 2007.

Here is an excellent explanation of the "follow-to-join" benefits available. Start with this to figure out where to look next.

http://www.visalawyerblog.com/2010/0...ed_for_th.html

The following is found at: http://www.uscis.gov/portal/site/usc...00082ca60aRCRD

Following-to-Join Benefits

This section is for beneficiaries who became permanent residents through a preference classification. [this is not limited to the I-130 although this write-up may seem like that is the case]

If you had children who did not obtain permanent residence at the same time you did, they may be eligible for follow-to-join benefits. This means that you do not have to submit a separate Form I-130 for your children. In addition, your children will not have to wait any extra time for a visa number to become available. In this case, you may simply notify a U.S. consulate that you are a permanent resident so that your children can apply for an immigrant visa.

Your children may be eligible for following-to-join benefits if:

The relationship existed at the time you became a permanent resident and still exists, AND
You received an immigrant visa or adjusted status in a preference category.
If your family member (child) falls into this category and you adjusted to permanent residency in the United States, you may submit the following:

Form I-824, Application for Action on an Approved Application or Petition
A copy of the original application or petition that you used to apply for immigrant status
A copy of Form I-797, Notice of Action, for the original application or petition
A copy of your Form I-551 (green card)
If you are in the United States and have not yet filed to adjust your status to permanent resident, you can file Form I-824 for your child overseas with your Form I-485. When concurrently filing Form I-824, it does not require any supporting documentation.

If you received the immigrant visa overseas, you may contact the National Visa Center (NVC) for follow-to-join information. Direct such inquiry by sending an e-mail to This e-mail address is being protected from spambots. You need JavaScript enabled to view it or by writing to the National Visa Center, ATTN: WC, 32 Rochester Ave., Portsmouth, NH 03801-2909.

To download the forms and instructions referred to above, see the links in the “Forms” section to the right.

USCIS--Last updated: 06/15/2010