adding spouse to i-485 - marriage before approval date or application before approval

chandrak762

Registered Users (C)
I have applied for my I485 an year back and got married very recently. 485 processing date is very close to my receipt date and it can get approved anytime. my wife is already here present in US on f-1 visa

I am making arrangements to file the application to add my wife to my 485 as soon as possible but what are the consequences I am not able to file the application to add my wife to before the approval date.
I was told by a lawyer that as long as marriage happens before the approval date, we can always file the application to add her.

If you were in a similar situtation or if u know about somebody who was in a similar situation, please share your experience
 
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chandrak762 said:
I am making arrangements to file the application to add my wife to my 485 as soon as possible but what are the consequences I am not able to file the application to add my wife to before the approval date.
I was told by a lawyer that as long as marriage happens before the approval date, we can always file the application to add her.

Your lawyer is correct. You can file it anytime as long as she is here.
As farther note, your wife's F1 is independent of your visa status (unlike H4). So loosing visa status not an issue here.
 
My lawyer told me the same thing:
Marriage has to be before approval.

Does anyone know what happens if someone who is on H1B adds their wife (who is on F1) for AOS, and AOS gets denied for whatever reason. Does the wife remain unaffected i.e.in F1 status. Can she still get her OPT (she has not used AP or EAD)
 
avi101 said:
My lawyer told me the same thing:
Marriage has to be before approval.

Does anyone know what happens if someone who is on H1B adds their wife (who is on F1) for AOS, and AOS gets denied for whatever reason. Does the wife remain unaffected i.e.in F1 status. Can she still get her OPT (she has not used AP or EAD)

I am in exact same position. My wife is also on F-1 visa in USA and i am about to apply for her green card. My green card is about to be done and my RFE has already been issued. I have already responded to RFE last week. But la awyer told me that as long as marriage took place before the approval date, you have 6 months to apply for your spouse's green card provided she is in USA on a valid status. But remember, you have 6 months from your approval date. After 6 months , u can still add her but it will take 4 years.

She can keep her F-1 status as long a she takes full time classes and as long as she does not travle outside USA. if she needs to travel outside USA, she needs an approved advanced parol in her hand before she leaves USA. she can not re-enter on valid F1 visa. Now remember, As soon as she will re-enter USA on AP, she will lose her F-1 status immeditaley. Remember, dont let her travel on F-1 visa, once her AOS application been filed. Becase if she enters on F-1 visa, her AOS appication will be considered denied and she probably will be deported.

I hope it helps.
 
desi74 said:
But la awyer told me that as long as marriage took place before the approval date, you have 6 months to apply for your spouse's green card provided she is in USA on a valid status. But remember, you have 6 months from your approval date. After 6 months , u can still add her but it will take 4 years.

This is an example of lawyer mumbo-jumbo that gets misinterpreted. There is no specific six-month limitation.

So long as the marriage took place before the primary applicant became a permanent resident, then the spouse can apply as a derivative at any time afterwards. She could move back to her home country, live there for 20 years and then apply (USCIS or DOS could legitimately question the validity of the marriage, but if you can overcome this, no problem). She could maintain F-1 status for 10 years as a "perpetual student" and then apply.

Where I think the six months comes from is that if the spouse has entered on a derivative visa status like H-4 or TD, then once the primary spouse becomes a permanent resident, the dependent falls out of status. Once 180 days (six months, I guess) have passed, 245k benefits are no longer available and the spouse must use consular processing, but even that doesn't take 4 years.
 
If you are married and your I-485 is pending, don't waste any minute in discussing the consequence. Just try to file her ASAP. I filed for my wife on 09/01/04, and she already got RFE...
 
If dependent is already in US on H4 visa and before her AOS is applied
primaries 485 is approved. :eek: Is dependent out of status then? what are
the options available for dependent if such a thing happens?
 
fast_gc_seeker said:
If dependent is already in US on H4 visa and before her AOS is applied primaries 485 is approved. :eek: Is dependent out of status then? what are the options available for dependent if such a thing happens?

Yes, the dependent is out of status, but this is exactly the situation that 245k was designed to cover. Out of status <180 days, no problem.
 
Need advise on I140/I485 - related question.

hello guys:
i have a some questions and would be great if i could get some idea on these.I have been reading the replies on many threads on this forum, and found some answered.

My labor was filed from delaware, pd:july 2003. i am still waiting on it. In the meanwhile, i am planning to get married to a spanish citizen. I have managed to get H1B filed from my current employer for her.
Most likely in next 2 months she will be able to get that stamped in here country and join me here.
Now here is my question:
Since i am in a total limbo about my labor from delaware i dont know when i will file I140/I485 and her AOS. Suppose by some miracle i do get my labor cleared and need to apply for next stage, should i:

1. Get married in US and 'then' file for her AOS (I140/I485). I saw most of posts advised a yes on this. what is the process for marrying in US when both the persons are on h1b?.
2. What if she is not able to acquire a job on her h1b or have interuppted work. can this effect the filing of I140/I485 above (1) , if yes then what can i do proactively.
3. If we are married legally in US, do i have to acquire a visitor visa for her if we need to visit India. I am thinking she might, but if there is something more i need to know pls advise.
4. I am also in discussion with another company who 'may' be able to arrange a approved LC, in this case is there any legal binding to my and now her original (present) company--if i want to file I140/I485 with this new company.

Hoping to get some enlightenment on the above, thanks for your replies.

DD
 
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