getting married while AOS is pending

mjakub76

Registered Users (C)
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
:)
 
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.
 
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