485 process for spouse - some qns

L

long_wait_4_gc

Registered Users (C)
Hello All, some questions I am not clear on. Any advice will be much appreciated.

Scenario:
1. I am on H1-B visa currently
2. I am on 485 phase of GC (ND April 2003), I140 approved
3. Marriage date set end of March in India to girl from India
4. Intend to bring wife over on H4.
5. Add her to my 485 application
6. Apply for her EAD
7. EAD comes, she looks for work

that is the 1-7 steps that are currently in my head.

I wanted to know if it were possible for me to get a 'registered' marriage done earlier in India, return back to US with the marriage certificate and add my spouse to the GC application? This starts the clock on her EAD.

I then return as planned in end of March for wedding and subsequent trip to Chennai for H4 stamp.

Please let me know if people have accelerated the EAD processing for wife in this way...

thank you
Long_Wait
 
can you

file for 485 / EAD for a person who is not in US (ie. without a valid I - 94)
The EAD form will ask for the manner of admission in US for the applicant - you will have to leave that blank.
 
as far as I know, your wife will have to step into US for you to be able to file her I485 application. once the application is filed she can leave the country and come back again after the "real" marriage in India. To be on the safer side, better to leave the country after you or your lawyer receive the notice of receipt of the application.
 
L4GC,
If I were you, I would go in for the marriage registration right away. This would eliminate the possibility of being in the terrible situation of having your 485 approved before the marriage (there is little chance of that happening but why take the risk?). The worst case scenario in this case (registered marriage and 485 approval after registration) is to file a follow-to-join for your wife (because the marriage occured before approval) which probably is not more than an year at best unlike the horrible wait times for spouses of Green card holders.

With regard to your questions
1) You cannot file for 485 when she is in India (485 is for Adjustment of people in the US already)

2) The best approach is to have all documentation ready and file as soon as your wife is in the US



PS: Congratulations
 
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