485 pending plan to marry person on F1 status

R

rs20021

Registered Users (C)
hello,
RD: December 15th, 2001
ND: December 21st, 2001
FP: April, 2002

EB2

I485 pending

I plan to get married in the next 3-4 months. My fiancee is on F1-status in the US. He will probably get an H1B.. But I would like to get him on the 485 alternatively as soon as possible.. What are the processing times for I130 (petition) I485 / 765/ AP (does this have to be filed after I130 or can it be done at the same time)

Thank you
 
Hi,

My wife was on F1(B) visa before my marriage. After that i filed her i-485 application. I think it would be Much better and faster to do it, before your greencard approval. If you get your greencard approved, before you file i-485 application, it will take atleast 6 yrs to get his approval beacuse his application will filed under different category i.e family based application . He can get his EAD and Parole with in a month or maximum 2 months, if you file before you greencard approval. He doesnt need to get H1(B) visa.

Thanks,
Raj
 
485 pending sponsor spouse

Raj,

I want to make sure, you filed the 485 for your wife not jointly, but while your 485 was pending... ie you had already filed your 485... The reason I am asking is that I have to be sure it is possible, I have been getting conflicting opinions from different people (some said it was not possible at all) ... Also my case currently is that I filed the 485 with 1 company, got laid off from that firm and joined another firm (similar position, title etc)... I have finished more than 180 days since the 485 was filed... So I am taking advantage of the portability rule..

But please clarify that you filed for your wife separately.and not together.....Because I heard this makes a difference... some lawyers said that I have to withdraw my original 485 and file again....Also can you please send me the list of forms u filed ... petition letters etc...

thanks
rs
 
Hi rs20021,

Please register your marriage before your I-485 gets approved. This is very important. Otherwise it will take ages before your spouse's GC is approved.

You can file I-485 for your spouse any time after you have filed your I-485 but before it is approved. The key here is that your marriage has to take place before you (the principal applicant) get your green card.

Documentation is very simple for this and any attorney will be able to help you.

Good Luck !

Hope this helps.

Regards,
 
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