Marrying after filing 485. Can spouse (H4) apply for Follow to join on my 485 appl?

K

Kumarash

Registered Users (C)
Hi all!

I had applied for my EB based 485 application for AOS through Nebraska SC in March 2006. At that time I was divorced. I met my girl friend later & now we want to marry. She lives abroad & I am currently in the US on H1B. I am going to her home country to marry her & bring her here on H4. At that point can I apply for her AOS on the basis of my 485 application?

I do understand from the current processing date ( showing Dec 2006 for Nebraska SC) I may get my GC within 2-3 months ( I hope).

Given the situation :
1. What could be my best option?

2. What if I am able to bring her here on H4 & my GC comes either before she arrives here or just a short time after she arrives here.

Can she still stay here on a pending AOS application?

or will she need to change her status to some other class like F1 or H1 while waiting on her AOS & then file for her GC seperately?

or she will have to go back to her home country & wait until her AOS is adjudicated?

Please advise. very much appreciated.
Many thanks in advance.
 
Best thing to do is to take your wife for H-4 stamping. After returning to the U.S. file AOS for her (interfile her applition with yours), as soon as your PD become current. This is a racing condition - your's shold not be approved before you interfile.
 
Thanks very much for the quick response. However I did not understand by what you meant by "PD becomes current"? My 485 has already been filed back in March 2006 & the NSC is currently adjudicating application from Dec 16, 2006 or before. So my guess is I may just have 3 months or so..although they are so inconsistent. Did you mean the time when NSC touches applications from March 2006?

Much appreciated.
 
manwithnoname said:
Best thing to do is to take your wife for H-4 stamping. After returning to the U.S. file AOS for her (interfile her applition with yours), as soon as your PD become current. This is a racing condition - your's shold not be approved before you interfile.
Click to expand...

I'm in similar situation, my PD is 12/2003 (EB-3) and my I485 was submitted 6/2007. Can I get married (here or out of US, is there a difference?) and add my spouse to my I485 when my priority date becomes current ?
My future wife has F-1 visa, I have H1-B now, any advice what to do to make the proces nice and easy ?
Thx
 
manwithnoname said:
This is a racing condition - your's shold not be approved before you interfile.
Click to expand...

So long as they're married before his I-485 is approved, the spouse is eligible for derivative FTJ benefits, and doesn't need to go via FB2A. However, she does need to be physically present in the US on the H-4 before his I-485 is approved.
 
Your PD (priority date, not processing date) still must be current when your wife is here and ready to file I-485. Bring her in ASAP and she will have a lot more options.
 
Kumarash said:
I do understand from the current processing date (showing Dec 2006 for Nebraska SC) I may get my GC within 2-3 months ( I hope).
Click to expand...
Depends upon your country of charge-ability. If PD is current, then yes, you may expect GC getting approved soon.

1. What could be my best option?
Click to expand...
Marry and bring her over on H4. safest option.
2. What if I am able to bring her here on H4 & my GC comes either before she arrives here or just a short time after she arrives here.
Click to expand...
As long as you marry and she enters before your GC gets approved, you may file for her AOS once your PD is current.
Can she still stay here on a pending AOS application?
Click to expand...
Yes, on her pending AOS. But since she'd be entering on a visa, I am not sure why would wonder this.
or will she need to change her status to some other class like F1 or H1 while waiting on her AOS & then file for her GC seperately?
Click to expand...
Not required, but yes, she can file her own GC once she moves to an H or L visa. One cannot file for AOS - as primary applicant - while on an F1/B1.
or she will have to go back to her home country & wait until her AOS is adjudicated?
Click to expand...
Not required if she files I485 here as your dependant.
 
lprkhoj said:
One cannot file for AOS - as primary applicant - while on an F1/B1.
Click to expand...

There is no such prohibition; the only non-immigrant statuses that explicitly prohibit an AOS filing are C and I believe A and G. There are certain wrinkles with an AOS filing in a status other than H, L or K that one needs to be aware of, but it is possible.
 
Possibly true. But what category would one fit in while filing I485 - Part 2 of the form - ignoring Cuban natives/citizens?
 
hmmm... provided an immigrant petition has been approved! Technically possible, agreed, but as you concurred, its twisted. So lets keep it straight and simple, for this case atleast!
 
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Thanks

Everybody thanks for responding me! I love this forum. we have so many experts here. Thanks y'all!
 
"As long as you marry and she enters before your GC gets approved, you may file for her AOS once your PD is current. "

Do not quite understand this. Can you explain? For example:

Say the wife arrive US on H4 on 01/01/08 (PD not current hence can not file 485 for wife)
husband's GC approved on 01/02/08;
PD become current on 02/01/08;
Husband can file 486 for wife even his GC was approved one month before?

Is this true? Thanks!
 
ruhappy said:
Say the wife arrive US on H4 on 01/01/08 (PD not current hence can not file 485 for wife)
husband's GC approved on 01/02/08;
Click to expand...

If hubby's PD is not current on 01/01, he won't be approved on 01/02. But anyways...

PD become current on 02/01/08; Husband can file 486 for wife even his GC was approved one month before?
Click to expand...

Sure, it's called 245k.
 
I am in a similar situation. My EB1 I140 and concurrent I485 are pending 5 months. I intend to marry in India in 2 weeks, however my spouse wont be able to join for a few months (tops March)
If in the meantime my GC gets approved on EB1, I believe I can apply for I-824 (because there is noretrogression as of today on EB1).

1. How long does it take for the I-824 (follow to join) to get approved and generate a visa number for my wife?
2. How long does it typically take for her to get the packet from consulate and get an immigrant visa so that she can join me here?
3. How does this work in that is there a way for her to join me in this scenario without having to wait for the I-824 to get approved?
 
Per my understanding, the only condition to Qualify for an I824 FTJ beneficiary is that one should be married before GC approval. The spouse is not required to be physically present in US when applying her AOS-FTJ or thereafter.

FB2A is relevant only in cases where marriage (within US or abroad) takes place after GC approval.

I 824 can be filed within US with supporting documents within 6 months of I-485 approval of primary applicant. Once I824 is approved, follow up process may take around 6 months to a year, depending on embassy.

If one gets married even a day before I-485 approval, he qualifies for I824 FTJ and the whole thing should not take more than an year for the wife to join in US.

Please correct if my understanding is wrong for my and others benefit.
 
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