adding spouse after I-485 filing

A

aj

New Member
gurus, please advice. how long do i have (it at all it can be done) after
i file my I-485 to add my spouse ?
i am getting married in 5 months and am eligible to apply for my I-485
right now.

any help is greatly appreciated.

thanks
aj
 
Get married before you get approuved

Been there did that !

You can have until you case is approuved to file your wife I-485.
If you get approuved before you file your your wife I-485, you will have to use the "follow to join" process. This is a consular process
(so your wife may be stuck in her contry for a few months.

BUT in either cases YOU HAVE TO BE MARRIED BEFORE YOUR I-485 GETS APPROUVED! In the case you get married after your I-485 is approuved, your wife will need to use the "family base" immigration process this is 3-6 YEARS process, and she will probably not be able to stay in the US during her "processing".

So if you fill your 485 before you get married, consider the INS notice to get fingerprinted as you "LAST CALL". Or wait until you get married to file for both your petitions.

I\'ve been there, I know what I\'m talking about!
Roger Cadoret
 
No Title

if you are certain
1)about ur marriage date and
2)that you have a stable job,
then why not bring her here on H-4 after getting married and then file 485 together.
this will avoid all hassles. one of my friends did the same thing and waited for a year
to file 485
 
 
Question for Roger

Roger,

Can spouse be on F-1 while her family based immigration process is being processed? i.e., can my fiance come on F-1 and once my 485 is approved and once we get married can she stay on F-1 and file 485?

I can\'t leave country right now to get married since I\'m in the last stages and my job is not stable ...so perhaps not advisable to leave till i get approval.
 
I do not know

I do not know if she will be able to get a F-1 after you get married, it will be a lot less problmatic to get her on a H-4 (I agree with Jonny, I did the same thing)

You should get your Advanced Parole documents, they will allow you to travel.

But remember, get married before you get approuved.

Roger

P.S.

The nice thing about having your wife go the "I-485" way (instead of the follow to join) is that she can get her EAD card allowing her to work in the USA!
 
suggestion

option 1

call fiancee here on f1
get married here
if u do this most of ur two families will not be able to attend the marriage
only ur few friends here will be able to do so
------------------------------

option 2

fix up marriage plans
go for 4-7 days to ur country
get married with all relatives of both families
come back to US
ask wife to file h4
get wife to US
file papers for her I-485
get ead for wife

option 3
---------

fix up plans for marriage
go to country for marriage 4-7 days
file papers for follow to join (cp)

if u choose to go to ur home country for a short span of 4-7 days i am sure ur employer will agree and ur job will not be in jeopardy

it all depends on ur relation with employer and ur ability to convince both the families and urself

Please do not get married after approval
you will be putting two families and u and ur wife through a lot of grief and heartbreak and tension

I have lived separately for 3 years and i know the feelings
 
rsrgc, I hugely appreciate you comments..

In scenario 1, is it not possible to have a court marriage w/ fiance here and then go to India later for ceremony etc. (she should be able to travel on F-1 and I will be on gc)???

my WAC is 01-229-xxxx so it should be coming soon, I hope!!
 
Follow to join

He will not be able to fill for follow to join until he get his green card.

He can bring his fiance her on a "tourist" visa and get married in Las Vegas, all this can be don in a maner of hours.... latter he can go back to his country and get a religious ceremony with all his friend and familly

Roger
 
marriage

Let us say that On Jan 1 2002 the case is approved by officer
and let us say on Jan 2 the avm is changed to approved
and let us say on Jan 6 the approval notice is recd by individual
and let us say on Jan 15 the candidate stamps his passport with I-551 stamp

what happens if he gets married on Dec 31,Jan 1, Jan 2, Jan 5, jan 14

Legally speaking if he marries on Dec 31 or earlier he can get gc approval for his wife as a dependant
if he marries on or after jan 1 he has to get gc through family based gc which can take 3-6 years

what happens if a gc holder\'s child is born in US
ans - the child becomes a us citizen

what happens if a gc holder\'s child is born in India or any other country

ans - the child is not a us citizen or gc holder
the parents have to get family based gc for the child - which is a big pain

conclusion
be very very carefull before making marriage plans

Bachelors in this situation who are having marriage plans should be divided into two categories

one is those who have marriage plans and have already decided on their life partner (either family has decided on the girl or they themselves have met/spoken and decided on the girl they wish to marry

second is those who wish to get married but have not decided on the exact girl and would go to their home country to finalise/see/approve their life partner

for those in category one i guess it is easier to go to their home country and get married and return

All said and done dont take things lightly

Please read the above message carefully and also consult a lot of your friends/relatives/lawyers/associates

Do look for those persons who have concrete information and sound advice

Do not get into a trap where u r in a problem because of a few days difference between marriage and 485 approval
 
kobayashi

people with ur notice date are getting approved

a lot of people after you r getting approved

You r in a dangerous situation

Dont take my words lightly
 
thank you sirs

thank you for roger and others for all the valueble info. looks like i can apply for the I485 right now and be able to add my wife into it later as long as I hold off on my fingerprinting until after I get married (to play it safe).

thanks
aj
 
Do u have to be married while applying 485 itself ?

hi,

thanks for ur info. I understood the concept little bit.
When i applied for 485 i was batchelor. My EAD came and FP notice
also came and i have postponned it. I am going immediately to India to get married. So i will be married before my approval of GC and that is for sure. My wife cant come to usa immediately because of her studies, so now tell me whether i can apply FOLLOW TO JOIN for her ?
I already said while applying for 485 i was batchelor. Is that ok that in between before approval i got married and applying FOLLOW TO JOIN for my wife who will be in india. ?

Please reply... You reply will solve lot of my problems.

thanks
 
Batchelor while applying 485 , married in between , is FTJ possible ?

hi,
thanks for ur info. I understood the concept little bit.
When i applied for 485 i was batchelor. My EAD came and FP notice
also came and i have postponned FP. I am going immediately to India to get married. So i will be married before my approval of GC and that is for sure. My wife cant come to usa immediately because of her studies, so now tell me whether i can apply FOLLOW TO JOIN for her ?
I already said while applying for 485 i was batchelor. Is that ok that in between, before approval i got married and applying FOLLOW TO JOIN for my wife who will be in india is right to do. ?

Please reply... You reply will solve lot of my problems.

thanks
 
No Title

You can not apply for follow to join now. You can only do that AFTER you receive your green card. Note that follow to join is a consulate process, so it will be process in india.

But if you get married right now, just bring you wife back with you she will be able to get a H-4 (if you are on a H-1b) The H-4 will permit to stay and study in the US. Once you have crossed the border you could apply for I-485/EAD/AP this will have the benefit to give her the "right" to work while her case is pending.

Roger Cadoret
 
agreed about FTJ

roger,

thanks for ur reply. I know that FTJ is only after you get your GC and following to join is through india. my wife is ready to wait in india for few months as she is giving final exams.
I am at the verge of Greencard and for SURE i will get it any time real soon in 2 months. But because of studies wife cant leave india for 5 months. Considering that situation , i was talking about Follow to Join. My lawyer was arguing and irritating that the process is not possible and he was telling that when you file 485 itself, u should have got married to apply follow to join through CP.
When i applied 485 in Aug 2001 , i was batchelor and i getting married only next week Feb 2002.

please reply....or inform your suggestions....

thanks
 
Change lawer

Your Lawer does not know what he is talking about
You can file for FTJ as long as the relation (marriage) existed before you become a permanent resident.

You know there is good lawer and not so good lawer, I encourage you to look for an other one that knows his stuff

http://www.jackson-hertogs.com/

Roger Cadoret
 
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