understanding marriage options while pending I485

[saurabhm77]

Thanks for all the helpful posts related to marriage options. This is what I gathered and need to understand if still holds true.

Here are the details on my case:
EB3 with PD Nov'05
I-140 approved in 2006
I-485 file during the July'07 miracle
used AC21 to change jobs in 2008, but still on H1B from new company
Have EAD,AP (2 times approved since) but not using them

I am planning to marry in the near future. My wife is in India and I am planning to get her on H4 visa. Reading the posts, I have 2 options.

1) Add her on my application as an dependent. Not sure of the process involved or steps needed? any gotchas?
>> oh, also, if I add her to my application (probably by AOS??), will she be able to apply for EAD/AP?
2) Use Follow to Join. This needs to be done once my I-485 gets approved. any +ve/-ve/gotchas?

Thanks in advance for your help.

 

[ginnu]

Thanks for all the helpful posts related to marriage options. This is what I gathered and need to understand if still holds true.

Here are the details on my case:
EB3 with PD Nov'05
I-140 approved in 2006
I-485 file during the July'07 miracle
used AC21 to change jobs in 2008, but still on H1B from new company
Have EAD,AP (2 times approved since) but not using them

I am planning to marry in the near future. My wife is in India and I am planning to get her on H4 visa. Reading the posts, I have 2 options.

1) Add her on my application as an dependent. Not sure of the process involved or steps needed? any gotchas?
>> oh, also, if I add her to my application (probably by AOS??), will she be able to apply for EAD/AP?

-------------------what do you mean by Add her? You dont add her on your I-485 that is pending, if she comes to US on H4 visa then she has to file her Dervative I-485 when your PD is current.2)

Use Follow to Join. This needs to be done once my I-485 gets approved. any +ve/-ve/gotchas?
--------------------------After I-485 approval it will take 3-5 years ( I am not expert for Follow to join ) you can talk to your lawyer.

Thanks in advance for your help.

Get married in India, get marriage certificate then she goes for H4 visa stamp, she gets H4 visa stamp, she enter US on H4 status. You remain on H1 status till your PD becomes current and the She file her derivative I-485.
*****FYI if your country of Birth is India and your EB3 PD is 2005 then it is going to take loooooong time to get GC or I-485 approved.

 

[reddies007]

saurabhm77,

I was in the same boat earlier. Since you are on H1, get her on H4. After your PD becomes current, then add her to your I-485. Do that quickly, as you may get the GC if the PD is current. Till that time, you have to maintain your H1 visa if she wants to be on H4. Or else, you could apply for a new F1/H1 for her, after she comes here.

 

[ginnu]

saurabhm77,

I was in the same boat earlier. Since you are on H1, get her on H4.
After your PD becomes current, then add her to your I-485.
-------what do you mean by "add her to your I-485"? if she comes on H4 then she has to file her Derivative I-485 when PD of primary is current.
Do that quickly, as you may get the GC if the PD is current.
---OP has PD of 2005,EB3, India. it is going to take long time to get I-485 approved. at this time EB3 India PD is current for early 2001. How do you expect PD 2005 EB3 India will get GC quickly??
Till that time, you have to maintain your H1 visa if she wants to be on H4. Or else, you could apply for a new F1/H1 for her, after she comes here.

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[reddies007]

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When I said add her to your I-485, I meant to file her I-485 as a derivative to the primary applicant (I said, after your PD becomes current). Also, I did not mean get his GC quickly, I meant, after his PD becomes current, then add her (file as a derivative) to the pending 485 application without any delay, lest his GC may come.