The Eligibility for Following-to-join
Benefit for Wife, before the Green Card Approval

Help Desk:

I got my green card one month ago, based on an Employment-based Immigration of the 2nd preference (EB2). Two months before my I-485 was approved, I went back to my home country and married my girlfriend. 

How can I bring her into the U.S.? 


Answer:

Since you were married before you became a lawful permanent resident, and your spouse did not physically accompany you to the U.S., your wife is eligible for following-to-join benefits. 

This means that you do not have to submit a separate Form I-130, Petition for Alien Relative, for your wife, and your wife will not have to wait any extra time for a visa number to become available. You may file a Form I-824 with the USCIS and let it notify a U.S. Consulate that you are a lawful permanent resident so that your wife can apply for an immigrant visa. 

 

 

 


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