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  • getting married while AOS is pending

    Hi all
    I'm planning to get married in two weeks, in USA, with a tourist visa holder. After the wedding she will come back to her country for next 4 months. I have a few questions:


    1. I'm still on H1-B, what kind of documents she needs to get H-4?
    1a. Is H4 the best solution for her?
    2. My PD is NOT current, can I file the 485 for my wife if she is out of USA?(lets say if my PD becomes current in 2-3 months, she will be out of country).
    3. Is there any problem that she gets married while she is in USA as a tourist?
    4. What kind of documents (regarding the marriage) we will need to file 485 for her?

    If you have any other tips, feel free to share them
    Thank you
    H1-B 2/2003 until 2/2009
    PD 12/2003 ROW EB-3
    I-140 6/2006
    I-485 RD: 6/28/2007
    FP, EAD, AP - 8/2007
    I-129 LUD - 11/04/2007
    and waiting ....

  • #2
    Originally posted by mjakub76 View Post
    1. I'm still on H1-B, what kind of documents she needs to get H-4?
    A copy of your marriage certificate, a copy of your I-94 and some recent paystubs.

    1a. Is H4 the best solution for her?
    Yes.

    2. My PD is NOT current, can I file the 485 for my wife if she is out of USA?(lets say if my PD becomes current in 2-3 months, she will be out of country).
    No, she must be physically present in the US, legally admitted and your PD must be current for her to file her I-485.

    Is there any problem that she gets married while she is in USA as a tourist?
    No, especially since she left afterwards.

    4. What kind of documents (regarding the marriage) we will need to file 485 for her?
    Same documentation you need for the H-4, essentially.
    ------------------------------------
    IMPORTANT NOTE: I am a Volunteer Moderator - one of you. I am not a lawyer. So act accordingly.

    PD: 9/12/2000 (EB3/VA/RIR/Canada)
    I-140 RD: 12/22/2000
    I-140 AD: 7/16/2001
    RD: 8/28/2001
    ND: 10/26/2001
    FP1: 1/31/2002
    RFE: 8/2/2002
    RFE RD: 8/28/2002
    TD: 10/22/2002
    FP2: 6/19/2004
    ID: 07/15/2004
    AD: 07/15/2004
    CO: 08/18/2004
    CR: 08/23/2004
    N-400 RD: 05/21/2009
    FP: 06/13/2009
    CFR: 08/05/2009
    IL: 08/21/09
    ID: 10/7/09
    USC: 10/8/09

    Comment


    • #3
      thank you

      very helpfull, as always
      thx
      H1-B 2/2003 until 2/2009
      PD 12/2003 ROW EB-3
      I-140 6/2006
      I-485 RD: 6/28/2007
      FP, EAD, AP - 8/2007
      I-129 LUD - 11/04/2007
      and waiting ....

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