You cannot file i485 for her since she is not in the US, however, once you get your GC, you can petition her for "Follow to Join" immigrant visa since you were married before you got ur GC. By doing so, i130/NVC/waiting time are not required. You will file i-824 with USCIS and after approval, they will send it to the embassy for your wife's immigrant visa interview.

ny2 · Jun 16, 2016 12:01 PM

How long does that take , if you know by chance ?

fdpower · Jun 16, 2016 3:23 PM

Thanks for the suggestion btw

fdpower · Jun 16, 2016 3:26 PM

Say around 5-7 months for USCIS, the 1-3 months for emabssy. So less than a year compared to more than 2 years under typical spouse of a GC holder.

ny2 · Jun 16, 2016 8:04 PM

@fdPower -- This is my understanding... You don't have to wait until you get your GC. However....unfortunately, you cannot bring your spouse unless she comes in another non-immigrant visa. But here is how the process going to work (this is what I always thought)...And you and your spouse will file GC around same time but differently based on approved i-140. You cannot file I-140 until your PERM is approved. And you file I-485 when both PERM and I-140 are approved. Also, You can file I-140 and I-485 together if your current visa category is current. You don't need your spouse info in I-140 step. Once that's done - You will file your i-485 for adjustment of status to become PR. Based on same approved I-140 and as a direct beneficiary of your spouse GC process, your wife will do a consular processing and wait for the visa interview date at the embassy. I am not sure about the form or any other details.

STUPIDA · Jun 17, 2016 8:59 AM

STUPIDA is correct in the sense you don't have to wait till you get your GC. It's the same form i-824 you can file for your wife along with your i485. However they are not processed concurrently, USCIS will process i824 only after your i485 is approved. It's different from the case when i140 n i485 are filed concurrently and they are processed concurrently.

ny2 · Jun 17, 2016 11:21 AM