- I am an Indian citizen living in the USA on an H1b visa. I filed my EB3 green card application 7 years ago, and have a priority date of August 2014. Last October, the date for filing of AOS applications for India reached January 2015, so I took that opportunity to file my AOS, and it has been pending processing since then. The dates for final action have reached January 2014, so it is possible that in the next few months, my green card might be approved.
- Earlier this year (after filing my AOS), I ended up meeting the woman who became my wife. She is currently working in India, with an employment contract that ends in February 2022, and was planning to move to the USA after that. Our plan was to use the H4 visa for her to enter the country, and then be added to my AOS application as a follow-to-join derivative.
- I am concerned about the scenario where I get a green card before she is able to move here, since I will no longer be on H1b status, and so she cannot use her H4 visa to enter the country.
- We do not want to be separated for the 2 years it will take for consular-processing, to get her a green card (based on our marriage) from India.
- What are our options here? Is there any other way to bring her to the US sooner in those circumstances?
- I am aware of the predictions in the latest visa bulletin, and Charles Oppenheim's comments, so I know that the dates for final action are unlikely to move forward in the future. However, these are all ultimately predictions, and I'm trying to plan for this contingency.