marriage, 485 and H4/H issues

U

uscisick

New Member
Hello friends,

I am right now single with H1 valid til aug'2007. I have approved 797(new H1) till Feb2010 but not stamped. Can you suggest advice for me. I am in real dilemma.

Now my I-485 is currnent due to recent changes. I want to get married within a month or two. but I have not applied for 485 yet. is it good to I apply for 485 after I get married or as single?

If I apply(after July) as single I would have to get my h1 validated/ need to get my wifes H4 visa and need to add her in my application. this being situation number one is that possible? and is good opton?

If I apply after I get married I would still have to get my H1 revalidate/ need to get h4 and by that time I come back I have chance of loosing priority date by Aug'07.

any well wishers anylise my situation let me know risks and give the best possible situation. Thanks in advance.

Regards,

k
 
uscisick said:
Hello friends,

I am right now single with H1 valid til aug'2007.
I have approved 797(new H1) till Feb2010 but not stamped.
Can you suggest advice for me.
I am in real dilemma.

Now my I-485 is currnent due to recent changes.
I want to get married within a month or two. but I have not applied for 485 yet. is it good to I apply for 485 after I get married or as single?
------file your I-485 NOW and also file AP
If I apply(after July) as single I would have to get my h1 validated/ need to get my wifes H4 visa and need to add her in my application. this being situation number one is that possible? and is good opton?

If I apply after I get married I would still have to get my H1 revalidate/ need to get h4 and by that time I come back I have chance of loosing priority date by Aug'07.
----------------------file the I-485 now and file for AP, when you go out get H1 stamped to enter US on H1 and your wife can get H4 based on your H1 status, one she reach US and if your PD is current then she can file her I-485 and if your PD is not current at the time she reach US then you remain on H1 status and she need to be on H4 status and she can file her I-485 when your PD again becomes current.
**** if you have any fear of H1 visa rejection then go out once you get Approved AP in hand ( I dont think you will get AP in one month it may take 2-3 months ).
any well wishers anylise my situation let me know risks and give the best possible situation. Thanks in advance.

Regards,

k
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im in the same situation as "uscisick". I have one more question. If i applied for 485 right now, then get married, bring my spouse here and when my PD becomes current apply for her 485. Now my question is it possible that my 485gets approved before her.? what would be her status
 
As long as you have applied for her I-485 it will be fine. Yes it is possible that your 485 gets approved before hers. Since her 485 will be pending she will be in lawful status.However, in order to travel she will need AP.


lax4u said:
im in the same situation as "uscisick". I have one more question. If i applied for 485 right now, then get married, bring my spouse here and when my PD becomes current apply for her 485. Now my question is it possible that my 485gets approved before her.? what would be her status
Click to expand...
 
I have to decided to go to home and get married and file 485 immediately after coming here. May be you can do the same thing
 
but do think that date will be current by that date. If it goes to retrograssion how far it will go back. do u think it will go back before 2004.
 
I-485 - marriage & spouse addition

---------------------------
I too have the same situation. I am single now & eligible to file I-485 on july. If I apply(on July) as single and get my spouse on H4 visa next year ,can she apply her I-485 on her immediate arrival here. or Is it like she has to wait till my PD becomes current ,to apply her I-485 (hoping that the current situation going to retrogress on August)

2) Secondly, if by any chance my PD does nt become current ,before my I-485 approval. i.e my I-485 gets approved before my PD gets current one more time again in future, how can my spouse apply for her I-485 ..? also what would be her status then, will she be sent back to India for consular processing ...? Pls help me understand

3) Is it wise,not to apply now as single, rather get married next year & apply together,when the new retrogress date comes.I understand this is a golden chance to miss.pls advise

Thanks in advance,
Saajan
-------------------------------------

lengthyLabor said:
As long as you have applied for her I-485 it will be fine. Yes it is possible that your 485 gets approved before hers. Since her 485 will be pending she will be in lawful status.However, in order to travel she will need AP.
Click to expand...
 
royal1 said:
,can she apply her I-485 on her immediate arrival here. or Is it like she has to wait till my PD becomes current
Click to expand...

Her (your) PD must be current for her to file, even if you already have a pending I-485.

if by any chance my PD does nt become current ,before my I-485 approval. i.e my I-485 gets approved before my PD gets current one more time again in future
Click to expand...

That cannot happen.

Is it wise,not to apply now as single, rather get married next year & apply together,when the new retrogress date comes.I understand this is a golden chance to miss.pls advise
Click to expand...

Especially if the dates are going to retrogress, I'd suggest you apply now.
 
Question about new-wed H4 stamping

I have the same plan as you guy. Please comment on H4 stamping for people who just got married.

Do you think you can make it in one single trip, or you plan to go back the second time?

Do you think you should apply H visa stamping together?

Usually the vacation is not long, what are your plans to get H4 visa approved?

Thank you for your input.
 
I 485 - marriage later & spouse filing

Thank you RealCanadian for your valuable suggestions.
One question - you said "that canot happen" . -->so it means that even if the dates are going to retrogress on August, my PD will (for sure) will come again
as current ,before the approval of my I-485. So my spouse who is H4 till then, can apply during that window...right.
--> I was thinking that since my PD has become current now, my I-485 will get approved wo any (PD=current ) happening again in the future... so i guess my PD will become current (atleast for one last time),before my I-485 gets approved finally.
Sorry for asking in so detail.. I will have decide soon on this ,thats why..
Your time & effort in clarifying this is sincerely appreciated
Thanks,
Saajan
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TheRealCanadian said:
Her (your) PD must be current for her to file, even if you already have a pending I-485.



That cannot happen.



Especially if the dates are going to retrogress, I'd suggest you apply now.
Click to expand...
 
I 485 - marriage later & spouse filing

Thank you RealCanadian for your valuable suggestions.
One question - you said "that canot happen" . -->so it means that even if the dates are going to retrogress on August, my PD will (for sure) will come again
as current ,before the approval of my I-485. So my spouse who is H4 till then, can apply during that window...right.
--> I was thinking that since my PD has become current now, my I-485 will get approved wo any (PD=current ) happening again in the future... so i guess my PD will become current (atleast for one last time),before my I-485 gets approved finally.
Sorry for asking in so detail.. I will have decide soon on this ,thats why..
Your time & effort in clarifying this is sincerely appreciated
Thanks,
Saajan
------------------------
TheRealCanadian said:
Her (your) PD must be current for her to file, even if you already have a pending I-485.



That cannot happen.



Especially if the dates are going to retrogress, I'd suggest you apply now.
Click to expand...
 
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