I-485 and Marriage - when do you add spouse?

G

gconmymind

Registered Users (C)
Friends, can someone help answer a few questions for me regarding filing 485 and adding spouse at the same time/later. I am planning to get married in the December time frame in India. I have read at several places that one can add spouse anytime BEFORE 485 APPROVAL. I work on H1B, I am from India and my priority date is May 04 with approved labor and 140. I have some specific questions in case my priority date becomes current. My question is -

1. Can I file I485 as single, and then travel (and reenter) on my H1 even if my AP is pending?
2. Is it safer to travel on AP even if I have a valid H1 stamped on my passport?
3. Can my wife enter on H4 and then we add her name to 485 when she is in US?
4. How long does 485 approval take? I think at least about six months after filing?
5. My understanding is that 485 approval and issuance of GC are two different things? While GC needs visa numbers to be available, 485 approval can happen even without visa numbers being available, as long as priority dates are available when we file? Please correct me on this.

Thanks for any/all additional help you can provide with my scenario. Basically for me the easiest scenario is to file 485, then get married and add her. I can be flexible if someone has any suggestions that can help my case.

Of course I will be taking my lawyer's advice and use your suggestions to enchance my knowledge and present some scenarios to the lawyer.

Thanks for all your help!!
 
I think you can but ...

1. You can file 485 as Single, get married and add her later in the process provided the application is still pending. If you have a valid H1 visa or plan to get H1 visa stamped from overseas you don't need AP. It is usually a good idea to carry it if you don't have a valid H1 visa and think that your H1 visa might be refused or delayed overseas.
2. Mere possession of AP document doesn't affect your status in any way. If you have H1 visa in your passport and you are also carrying AP, you can just show your H1 visa at the port of entry and your status will be H1 untill your 485 approval comes in. Be careful here, because it's recommended to keep H1 status as long as 485 is pending because in case something happens to 485 application, you will still be in H1 status and will have some wiggle room.
3. Yes, your wife can enter separately on H4 but if you had entered on AP before that, it would mean that you are in "parolee" status not on H1 status. The officer at the port of entry might argue that H4 is in jeopardy because the underlying H1 doesn't exist. Please weigh pros and cons with lawyer before trying this.
4. If your priority date is current, then I would really count on six months because theoretically it is possible for a case to be approved even earlier than six months unless you get stuck in the dreaded "name check" which could delay the approval.
5. Not sure about this.
gconmymind said:
Friends, can someone help answer a few questions for me regarding filing 485 and adding spouse at the same time/later. I am planning to get married in the December time frame in India. I have read at several places that one can add spouse anytime BEFORE 485 APPROVAL. I work on H1B, I am from India and my priority date is May 04 with approved labor and 140. I have some specific questions in case my priority date becomes current. My question is -

1. Can I file I485 as single, and then travel (and reenter) on my H1 even if my AP is pending?
2. Is it safer to travel on AP even if I have a valid H1 stamped on my passport?
3. Can my wife enter on H4 and then we add her name to 485 when she is in US?
4. How long does 485 approval take? I think at least about six months after filing?
5. My understanding is that 485 approval and issuance of GC are two different things? While GC needs visa numbers to be available, 485 approval can happen even without visa numbers being available, as long as priority dates are available when we file? Please correct me on this.

Thanks for any/all additional help you can provide with my scenario. Basically for me the easiest scenario is to file 485, then get married and add her. I can be flexible if someone has any suggestions that can help my case.

Of course I will be taking my lawyer's advice and use your suggestions to enchance my knowledge and present some scenarios to the lawyer.

Thanks for all your help!!
Click to expand...
 
gconmymind said:
I have read at several places that one can add spouse anytime BEFORE 485 APPROVAL.
Click to expand...

Sigh. You never "add a spouse to an I-485". She files her own I-485, and to be eligible she needs to be married to you at the time your I-485 is approved.

1. Can I file I485 as single, and then travel (and reenter) on my H1 even if my AP is pending?
Click to expand...

Sure.

2. Is it safer to travel on AP even if I have a valid H1 stamped on my passport?
Click to expand...

I think both are about the same.

3. Can my wife enter on H4 and then we add her name to 485 when she is in US?
Click to expand...

Provided you don't enter using AP, sure - she can file her own I-485 assuming your PD is current.

4. How long does 485 approval take? I think at least about six months after filing?
Click to expand...

There are so many variables involved that no one can say for sure.

While GC needs visa numbers to be available, 485 approval can happen even without visa numbers being available, as long as priority dates are available when we file?
Click to expand...

This is completely untrue. Your PD must be current when your I-485 is filed, and an I-485 cannot be approved if the PD is no longer current. The last step before I-485 approval is allocation of a visa number (even though you will never receive the actual immigrant visa they need to remove it from the pool) and this cannot be done if the PD is not current.
 
Thanks to all of you for your answers! Appreciate it.

TheRealCanadian said:
Provided you don't enter using AP, sure - she can file her own I-485 assuming your PD is current.
Click to expand...

So that means if I am on H1 and she is on H4 and I could file 485 but priority dates retrogressed after that, she wont be able to file 485. She will have to remain on either H4, her own H1, etc.? BTW, her company wants to do L1 for her. Should we even look at that route?

Thanks again!!
 
Gurus,

These are my details:
Self: On H1-b applied for 9th year yearly extension recently, EB2 RIR PD 12th Mar 2003 approved ( country is India), I-140 has already been filed.
Wife: On F1

Is it true that my wife will lose F1 visa is we file I-485 now as the date is current for us. Should I not file I-485 for her and just do so for myself. So that she can be on her F1 status.
Since I have 10+2+3 (15years of education in india)+ 1year post graduate diploma +6 months Post graduate diploma I have filed in EB2 catagory which might get denied on educational grounds. In case of denial at least I will still be on H1-B and she on F1.
In case of approval of I-140 (I have filed it in the regular process on 30th November 2006 still awaited). Are there any chances of denil at I-485 stage.

Also should I go for premium processing now for I-140 so that I can get it immediately. I intending filing I-485 ASAP but how much can I delay my wife's case so that her F1 is not affected.

As always I appreciate your advice.. PLEASE ADVICE ME.

Thanks,
neeraj.
 
gconmymind said:
Thanks to all of you for your answers! Appreciate it.



So that means if I am on H1 and she is on H4 and I could file 485 but priority dates retrogressed after that, she wont be able to file 485.
---correct, she can file her I-485 when your PD is current
She will have to remain on either H4, her own H1, etc.?
----------------YES, she can be on H4 only if you maintain H1 status( You dont use EAD ).
BTW, her company wants to do L1 for her. Should we even look at that route?

Thanks again!!
Click to expand...

-------------
 
Status of My wife's H4 visa!!

Hi,

I got married and came to US on May 29th. My PD is Apr 2003. My wife came here on dependent visa H4. Today morning i received an email stating
Current Status: Card production ordered

If my I485 is approved what is the status of my wife's visa. Can i file I485 for her as the PD is current.

Thanks in advance
Kalai



TheRealCanadian said:
Sigh. You never "add a spouse to an I-485". She files her own I-485, and to be eligible she needs to be married to you at the time your I-485 is approved.



Sure.



I think both are about the same.



Provided you don't enter using AP, sure - she can file her own I-485 assuming your PD is current.



There are so many variables involved that no one can say for sure.



This is completely untrue. Your PD must be current when your I-485 is filed, and an I-485 cannot be approved if the PD is no longer current. The last step before I-485 approval is allocation of a visa number (even though you will never receive the actual immigrant visa they need to remove it from the pool) and this cannot be done if the PD is not current.
Click to expand...
 
looking4green said:
I got married and came to US on May 29th.
Click to expand...

When did you get married, when did the I-485 get approved? These are critical questions.

If my I485 is approved what is the status of my wife's visa. Can i file I485 for her as the PD is current.
Click to expand...

Your wife is out of status, and if the PD is current she should file the I-485 to get back into legal status as soon as practical. It is more important, however, that you take a few extra days to ensure that the I-485 is correctly filed rather than rushing.
 
Married on Apr 07!!

Hi Realcanadian,

Thanks a lot.

I got married Apr 07 and came here on May 29, 07.

The email says
On June 1, 2007, we ordered production of your new card.

Does that mean she is out of status? Is it legally allowed to file I485 for her?

Thank you
Kalai



TheRealCanadian said:
When did you get married, when did the I-485 get approved? These are critical questions.



Your wife is out of status, and if the PD is current she should file the I-485 to get back into legal status as soon as practical. It is more important, however, that you take a few extra days to ensure that the I-485 is correctly filed rather than rushing.
Click to expand...
 
Curious

what country are you from and what category was your GC filed in? EB-1-2-3?
Did you speak to your Lawyer yet?
looking4green said:
Hi Realcanadian,

Thanks a lot.

I got married Apr 07 and came here on May 29, 07.

The email says
On June 1, 2007, we ordered production of your new card.

Does that mean she is out of status? Is it legally allowed to file I485 for her?

Thank you
Kalai
Click to expand...
 
Last edited by a moderator:
Quote:
gconmymind
3. Can my wife enter on H4 and then we add her name to 485 when she is in US?
Provided you don't enter using AP, sure - she can file her own I-485 assuming your PD is current.


TheRealCanadian; I don't agree with your answer, spouse entering on H4 or adding (filing sep) wife for 485 has nothing to do with - If principal applicant has used AP or not ( using AP does not violate H1 status)




TheRealCanadian said:
Sigh. You never "add a spouse to an I-485". She files her own I-485, and to be eligible she needs to be married to you at the time your I-485 is approved.



Sure.



I think both are about the same.



Provided you don't enter using AP, sure - she can file her own I-485 assuming your PD is current.



There are so many variables involved that no one can say for sure.



This is completely untrue. Your PD must be current when your I-485 is filed, and an I-485 cannot be approved if the PD is no longer current. The last step before I-485 approval is allocation of a visa number (even though you will never receive the actual immigrant visa they need to remove it from the pool) and this cannot be done if the PD is not current.
Click to expand...
 
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