1. Whether adding a derivative beneficiary will slow down green card processing timeline？
A reader asks:
I submitted I-485 a year ago and was RFE. In the meantime, I got married, and now I want to add my spouse to my I-485. I have seen posts mentioning that this can be done either through the “follow-to-join” process or by adding a derivative beneficiary to your existing I-485 application. Which option is more reasonable?
My main concern is whether adding a derivative beneficiary will slow down my green card processing timeline. Will it take longer to approve my case if I add my spouse now? Will my spouse receive a green card later if we use the “follow-to-join” process?
Alan Lee, Esq. answers,
Follow to join is usually a process to allow the spouse to consular process his or her case overseas after the principal has received permanent residence. Adding your spouse to your I-485 means that your spouse will be filing an I-485 application on her own based upon your case. It is difficult to say what will happen to your case in terms of delay in that situation, but there is a possibility that USCIS may wish to request evidence or interview both of you to determine the bona fide nature of your marital relationship.
2. Being laid off does not necessarily invalidate an EB-1A visa.
A reader asks:
I have a feeling I might be laid off, so I want to prepare in advance. Last year, the company’s law firm applied for an EB-1A for me, but I got a Request for Evidence (RFE). USCIS accepted two of the supplementary documents. I submitted the required documents by the end of October last year. Last week, I asked about the case status, and the law firm said they are still working on it and plan to submit it by the end of this month. If I am laid off on February 10th and lose my company email, will my application still be valid? Can I use my personal email address to contact them?
Alan Lee, Esq. answers,
I assume that the company law firm will continue to work on and submit your RFE response on a timely basis. If you are laid off by the company, the validity of the EB-1A filing may depend upon whether you are both the petitioner and beneficiary, or whether the company put itself down as the petitioner. If the company is the petitioner, then your petition would be invalid unless the company still wishes to continue the sponsorship despite laying you off. The company at some point in the future would have to assert that it still has a permanent job available for you if you wish to continue to the immigrant visa or I-485 stage. If you are both petitioner and beneficiary, the case can continue. Whether you are able to stay in contact with the company law firm depends upon the arrangement between you and the company. Whether you can continue to receive updates on your case directly from USCIS depends upon whether you are listed as the petitioner. If so, USCIS will send you a separate notice.