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Posted

Thought I would update the thread in case someone finds it useful. My wife got her green card in August. We simply filed the I-485 as a derivative beneficiary, along with the rest of the usual forms. We didn't need to consult with a lawyer, it just took a lot reading, digging, and interpreting and reinterpreting the language in the published documents, with useful input from a few people on this thread (mixed in with a lot of the useless ;) ). So don't be discouraged.

The process was painless, and relatively quick. Our case was very well documented, with pictures going back to 2004, all kinds of common bills, common plane tickets, etc, so we didn't even have to go in for an interview.

Good luck!

Posted

[More complete post, as the forum won't let me edit the old post.]

My wife got her green card at the end of July. We simply filed the I-485 as a derivative beneficiary, along with the rest of the usual forms. We didn't need to consult with a lawyer, except at the end to confirm we were on the right track, which was informal and free. It just took a lot reading, digging, and interpreting and reinterpreting the language in the published documents, with useful input from a few people on this thread (mixed in with a lot of the useless wink.png ). Thank you guys! We saved around 3 grand in lawyer's fees.

After submission, the process was painless and relatively quick - around 4 months. Applied in April, got EAD/parole in May, and GC at the end of July. Our case was very well documented, with pictures going back to 2004, a proper wedding, all kinds of common bills, common plane tickets, etc, that we sent in with the application package, so we didn't even get called in for an interview or been asked for additional documentation.

The key in all this is that you have to married BEFORE the principal applicant's green card is approved! The paperwork for the derivative spouse can be filed separately at a later date, and there is no problem, no extra delays or anything beyond the usual.

If you are married AFTER the principal green card is approved, you need to get in line and wait a couple of years.

I'm trying hard to remember exactly what the lawyer said regarding the clause "if a visa number is available" that I mentioned above in the thread. I think she said that represents a very unlikely scenario:

-the principal's priority date goes current and green card is approved shortly thereafter

-by some freak event the "current" dates get rolled back

-then the derivative would have to wait until the principal's priority date goes current again.

Hope someone finds this useful.

Good luck!

 
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