Who files I824?
How can a gc holder EB class petition for spouse not in USA. What are the procedure involved?
Thank you.
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First of all you can apply for I-130 then you will find out if you have to consular process or bring spouse in under 485 application. As I do not know your circumstances I do not know which way you will go. If you were married after you applied for 485 or not it can go either way.
So: If you have to consular process then you pay Fee Bills after I-130 is approved. You have a year to pay these, but don't leave past 9 months as you could go into termination and would have to start all over again. The bills are $70.00 and $400.00 on money orders made payable to Dept of State, after NVC National visa center has received these payments about 2 to 4 weeks later you will get Consular Processing package through the mail. This is what you send to NVC with your DS230 parts 1 & 2, I-864 and co sponsor I-864 if required. Included with this application you have to send spouses birth cert and translation, your marriage cert and translation, spouses police report, divorce papers if required, 2 photos, copies of passport, copy of your green card front & back, your 2007 tax return pages 1 & 2 of 1040, copy of your W2 for 2007, 6 months pay stubs, Verification of employment letter for you and put business card with employers signature on it as well. Any court papers for convictions for spouse, try to get disposition if possible and translation into English. If you are from Mexico the police report is not required. Once you have gathered all info you send off papers and applications then wait. You may wait 3 or 4 months, according to where your spouse is born and then you'll get a consulate appointment. You can try and apply for 601 hardship waiver as well.
The above is only a little of what you will have to do and it is best to do this through a good immigration lawyer. You never know you might be able to process your spouse right here in the USA IF said spouse has never been out of status for time spent in USA.
I am not a lawyer so always consult with one before making any life changing moves.
Good luck.
Cheers,
LRIndy.
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Thanq for this wonderful post, LRindy.
And "acrossdot", if u were married before ur I-485 approval, its a diff story and a diff waiting queue. but if u got married after u got GC, then its a totally diff ball game! G Luck.
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