Legal Question in Immigration Law in Indiana

My husband and I got married before I became permanent resident. Due to my husband visa limitation, I could not add him into my application at that time. My priority date was Nov 2004. Could my husband file his I-485 any time after my I-485 approval as a derivative? Could my husband use the same priority date which is 'current' right now? Do we need to file for I-130? What are required forms we need to file for my husband? Thanks!


Asked on 12/21/10, 6:11 am

1 Answer from Attorneys
Ajay Arora Ajay K. Arora, Attorney-at-Law, P.C.

Hi,

I assume that you obtained permanent resident status based on employer sponsorship. Your husband can file I-485 if your priority date is current as per current visa bulletin, and assuming as well that he is currently maintaining valid nonimmigrant visa status. The country of chargeability can be either yours or your husbands. I-130 is not required in the above scenario.

You can call our law firm at 212-268-3580 during business hours, or email [email protected] to discuss.

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Answered on 12/26/10, 8:38 am


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