回複:回複:回複:NIW配偶問題, 謝謝!--still confused

NIW 等綠卡,下個月排期到,在申請綠卡之前就已結婚。目前是H1

問題:

1. 如果拿到綠卡,配偶如何入境?何種簽證?

-Your spouse had better apply for the H4 visa now and then use the H4 visa to enter US before your 排期到 or before at least your I-485 is approved. Then, he/she can file I-485 immediately after he/she enters US with the H4 visa, and thus, he/she may get the green card together with you or a little later. If he/she does not get the H4 visa to enter US before your I-485 is approved. You have to file I-824 after you get your green card for him/her to apply for the immigration visa (green card visa) in the US Consulate in Guangzhou, and this may take one year or more for him/her to get the green card visa.

2. 下個月排期到,配偶可否在中國遞485?

-No. I-485 only can be filed when the applicant is physically present in US.

3. 如果拿到綠卡, 配偶可否以‘NIW申請人配偶身份’遞485?一定要在美國還是可在中國遞?如何做?

-See above answer.

1    Immigration visa 是一種特殊的簽證,

-It is green card visa. Use this visa to enter US, you will get the green card immediately at the port of entry.

還是包括H以及其他?

-No. H1, H4, F1, F2 etc. are non-immigration visas.

時候會給哪一種呢?我還是很糊塗。

2。配偶在file I-824 後,得到批準之前還能入境美國嗎?

-If you have got your green card, your spouse can not use H4 visa. It is also very difficult for him/her to get the B2 vis due to immigration intent. So, see my suggestions above.

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