140, 485 and marriage

[raiderNation]

I have a labour certificate clearance and my company attorney wants me to go ahead and file for 140 and 485 together, the issue is that i am still single and plan to get married later in the year, but at the same time i dont want to loose any time in the GC processing. is there a way out ? n I can I file for both 140 and 485 and then include my spouse's name later on when i get married...I am sure many would have gone through this before, what is the right approach ?

Thanks in advance,
raidersrock

 

[jd imm]

Yes , u can

Its taking more than 2/3 yrs to get I485 approved so you can file I140 and 485 now and include your spouse in your application when you get married. But you would have to maintain your H or L status so that you can bring your spouse on a dependent visa to USA.
-jd

 

[alren]

Theoratically, the spouse can be the benificary for the employment based GC (485) the day before the 485 is approved. Of course spouse will be in the follow-to-join category.

Otherwise as jd said, maintaing H/L status should be a must.