AJ V
Nov 16, 2023
Newbie Qs: How to have your spouse come to the US if your i-485 is pending?
My i-485 is pending and I don't expect my priority date to become current for at least a few years. I'm currently not married, but am planning to in the coming months, and am potentially stuck like several of you in terms of bringing my future spouse to the US. What type of an immigrant visa would my spouse need to apply for to come to the US and does it have a wait time? Once they are here, do they get an EAD to work?
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w s 🇨🇦🇺🇸Nov 16, 2023
if your green card is pending and you bring your spouse here it has to be on a valid visa and the spouse can’t overstay it … unless you’re a citizen that’s not forgiven. your spouse won’t get an EAD unless they have some other visa. when I came from Canada I was on a TN visa which is easy enough to get if you can get a sponsor (its just a letter at the border and $50). really depends on your spouse’s skills and education and employment opportunities
Sarah TNov 16, 2023
There isn’t really any immigrant visa you can just apply for. You will always need a sponsor of some sort (this can be an immediate relative, employer or university for example). Since you won’t be able to sponsor her until you have your green card approved, the easiest would probably be for her to apply for university in the US and get a student visa.
It is also possible to have an employer sponsor a green card but it’s very, very difficult to do so. Its super expensive for employers to hire internationals and so if your spouse can’t prove exceptional skills her chances are extremely low.
N FNov 16, 2023
@AJ V I'd go with F1 and after your spouse comes try to find a company that agrees to sponsor a gc, or try h1b. hopefully by the time your spouse graduates you'll get a gc and you'll be able to file I-130 and I-485 concurrently for your partner.
AJ VNov 17, 2023
thanks everyone for your responses... a lot to think through!
