Immigration Site

Hello All,

I am desperately in help as I am lost and helpless.

In concise, I got GC in 2007, on EB3 category. Married in 2003. As soon as I got GC, I applied for follow-to-join and waiting for the priority date to be current. In the meantime, in 2009 applied for visiting visa for my husband. Got 10 years multiple visa. And meanwhile, applied for I-131 too, in Nov. 2010.

So he visited US in 2009 Nov with 6 months entry and while he was here applied for an extension and got another 6 months. So he left in November before the date. And again came in Feb. 2011 and they only gave 2 months entry with no extension message on the I-94.

So now, I know he needs to wait until the priority date comes. Not sure when the dates will be current. Is there any way I can try him to enter US? We are badly trying to have kids and time is running out as we are being apart from each other. Can I convert EB3 to EB2, even though I got GC and only for my husband, as he is my dependent?

Please help me......

If you were married before you received an employment based GC, you should have filed to have him included. Also the 2007 priority dates for spouse of GC holder have been current recently and in fact dates in 2007 are now current. Check the visa bulletin.

I believe you have made numerous mistakes and really need to work with an attorney.

You cant convert to EB2 after the GC is approved. Your GC was already counted against the EB3 quota for that year, and that cannot be changed even if you also had an EB2 application pending before the GC.

You should have filed an I-130 in family 2A as soon as you got your GC, in addition to the follow-to-join. Then whichever one becomes current first, your husband takes up that one. Hurry up and file an I-130 now, so it should be approved before you become a citizen, then next year when you (hopefully) become a citizen you can upgrade it to reflect your citizenship status and he should get a consular interview a few months later.

In the meantime, in 2009 applied for visiting visa for my husband. Got 10 years multiple visa. When he applied for the visa, did he mention that hes married to a GC holder? If not, hell be screwed when they catch his failure to mention you.

If you were married before you received an employment based GC, you should have filed to have him included. Not possible while husband is outside the US. With the husband outside the US, her GC must be approved first, then the husband can be added via follow-to-join.

However, the question here is what her status was in 2003-2007. If she had H1B or L1 status at that time, her husband could have entered the US in H4 or L2 status.