Am I safe?
- Thread starter sanrishi
- Start date
patienceGC
Registered Users (C)
That was pretty bold!
But I suggest that you get married sometime early on paper if its possible!
At the present rate of progress and with holiday season coming soon your chances of approval are pretty slim. But with INS... you never know!
If you have decided on the girl... you should try to get married (on paper) in dec at least. You can go for a week during xmas or Thanksgiving and then go back again on the actual date. The ticket cost might be well worth it!
But my opinion is that you probably wont get ur approval before ur wedding.
But I suggest that you get married sometime early on paper if its possible!
At the present rate of progress and with holiday season coming soon your chances of approval are pretty slim. But with INS... you never know!
If you have decided on the girl... you should try to get married (on paper) in dec at least. You can go for a week during xmas or Thanksgiving and then go back again on the actual date. The ticket cost might be well worth it!
But my opinion is that you probably wont get ur approval before ur wedding.
sanrishi
IMHO u should go and get married asap on paper atlest. INS is so unpredictable.
Here are ur options.
1. Say ur I485 not approved before u get married.
- Go back, get married and bring her on H4 if u r on H1B
- Go back, get married and file for follow to join once ur case is approved if u r not on H1B and using ur EAD **** This might take 6 months from ur I485 approval ******
2. Say ur I485 gets approved before u get married.
- in order for her to get the GC it might take upto 5 years.
So IMHO go there asap and get married on papaer.
Once thats done u have 2 choice, bring her here fr a short duration, and file her I485.
Or infor INS that u got married and file for follow-to-join for ur wife. However this will take 6 months from ur approval.
HTH
Sudhi
IMHO u should go and get married asap on paper atlest. INS is so unpredictable.
Here are ur options.
1. Say ur I485 not approved before u get married.
- Go back, get married and bring her on H4 if u r on H1B
- Go back, get married and file for follow to join once ur case is approved if u r not on H1B and using ur EAD **** This might take 6 months from ur I485 approval ******
2. Say ur I485 gets approved before u get married.
- in order for her to get the GC it might take upto 5 years.
So IMHO go there asap and get married on papaer.
Once thats done u have 2 choice, bring her here fr a short duration, and file her I485.
Or infor INS that u got married and file for follow-to-join for ur wife. However this will take 6 months from ur approval.
HTH
Sudhi
PatienceGC & Sudhi,
Thanks a lot for your valuable time and inputs. My marriage can only be after Jan15 b'cos of horoscopic reasons.. what to do? My family insist on that...
I am just hoping for the best...
Can I file I-824 for Following-to-join now in case if I need it in the future??? just like gambling....
Thanks again...
Thanks a lot for your valuable time and inputs. My marriage can only be after Jan15 b'cos of horoscopic reasons.. what to do? My family insist on that...
I am just hoping for the best...
Can I file I-824 for Following-to-join now in case if I need it in the future??? just like gambling....
Thanks again...
But I think atleast u need the
marriage certificate now to file I824 right ?
So what we meant by get married on paper is that only. Just get registered married.
So the real ceremony can happen at a later date.
What INS really wanst is some proof that u were married before ur I485 approval. Inorder to do that u need marriage certificate
HTH
Sudhi
marriage certificate now to file I824 right ?
So what we meant by get married on paper is that only. Just get registered married.
So the real ceremony can happen at a later date.
What INS really wanst is some proof that u were married before ur I485 approval. Inorder to do that u need marriage certificate
HTH
Sudhi
Just a suggestion!
Why dont you try to pay some lawyer in india, get your to wife to sign the marrige registration in india and have it mailed over to you and you can sign it too.
I dont know if this will work, but money can do a lot of things my friend. Just a thaught.
good luck
Why dont you try to pay some lawyer in india, get your to wife to sign the marrige registration in india and have it mailed over to you and you can sign it too.
I dont know if this will work, but money can do a lot of things my friend. Just a thaught.
good luck
patienceGC
Registered Users (C)
dma
Point taken: but how many desi girls in the US go back to marry guys from India?
You have no idea how desi girls in the US are! I am in the market and I am amazed at their attitude! None of them even think about going back. Some even mentioned how bad India was!
So my logical conclusion was that rishi was a guy!
Point taken: but how many desi girls in the US go back to marry guys from India?
You have no idea how desi girls in the US are! I am in the market and I am amazed at their attitude! None of them even think about going back. Some even mentioned how bad India was!
So my logical conclusion was that rishi was a guy!
similar case
sanrishi,
my case is very similar to yours. My RD is 1/07/2002. I am going to India in Dec and doing a Registered
Marriage immediately hoping my 485 does not get approved by then.
Now regarding bringing her here. You have the options as per sudhi_24.
Assuming you get married before your approval, If you do not have an H1, you can get her on an FTJ, a process
which requires some running around and takes a bit of time.
Hence, best to have an H1. My H1 has expired - am currently working on an EAD.
Now, i am going to try to get an H1 through premium processing,
go back to India,get it stamped, come back on my H1(not using Advanced Parole), and get her back on an H4 (around Jan 15th).
Once she is here, i can file for her AOS.
Of course, if my 485 gets approved comes before she enters the country, her H4 becomes invalid.
Thus, like you i am racing with time.
Best of luck !
sanrishi,
my case is very similar to yours. My RD is 1/07/2002. I am going to India in Dec and doing a Registered
Marriage immediately hoping my 485 does not get approved by then.
Now regarding bringing her here. You have the options as per sudhi_24.
Assuming you get married before your approval, If you do not have an H1, you can get her on an FTJ, a process
which requires some running around and takes a bit of time.
Hence, best to have an H1. My H1 has expired - am currently working on an EAD.
Now, i am going to try to get an H1 through premium processing,
go back to India,get it stamped, come back on my H1(not using Advanced Parole), and get her back on an H4 (around Jan 15th).
Once she is here, i can file for her AOS.
Of course, if my 485 gets approved comes before she enters the country, her H4 becomes invalid.
Thus, like you i am racing with time.
Best of luck !
PatienceGC:
Your therory is correct, at least with me. I am a male.
Soclose:
Thanks for your inputs. I am wondering how the immigration officer would handle this scenario as follows..
got h4 for wife say, Jan20 and 485 got approved on Jan 22. entering into USA with H4 on Jan25. Would the Immigration Officer allow her or not? How would they hadle that case??
All the inputs are welcome.
Your therory is correct, at least with me. I am a male.
Soclose:
Thanks for your inputs. I am wondering how the immigration officer would handle this scenario as follows..
got h4 for wife say, Jan20 and 485 got approved on Jan 22. entering into USA with H4 on Jan25. Would the Immigration Officer allow her or not? How would they hadle that case??
All the inputs are welcome.
i saw a similar case on this forum
sanrishi,
I saw a couple of months back a post simialr to what u r talking abt.
here is what that post was abt,
he went back to india, got married, and she came to us on H4. He was ready to file her I485. On the same day his I-485 got approved.
So he was asking what needs to be done. I dont remember in the end what he did. But since she was physically in US before his I-485 got approved. May be there was some hope.
I strongly suggest u better talk with ur attorney. It makes no sense to get married and live seperately for 5 yrs.
HTH
Sudhi
sanrishi,
I saw a couple of months back a post simialr to what u r talking abt.
here is what that post was abt,
he went back to india, got married, and she came to us on H4. He was ready to file her I485. On the same day his I-485 got approved.
So he was asking what needs to be done. I dont remember in the end what he did. But since she was physically in US before his I-485 got approved. May be there was some hope.
I strongly suggest u better talk with ur attorney. It makes no sense to get married and live seperately for 5 yrs.
HTH
Sudhi
patienceGC
Registered Users (C)
as long as the
AD is after the WD, a follow-to-join can be applied.
go to murthy.com.... what people are asking... check marriage and 485 link.....
me too lazy to cut paste the link... but i will if u cant find it
AD is after the WD, a follow-to-join can be applied.
go to murthy.com.... what people are asking... check marriage and 485 link.....
me too lazy to cut paste the link... but i will if u cant find it
name change for spouse
sanrishi,
my attorney mentioned that as soon as your 485 gets approved, the H1(non-immigrant petition) becomes
invalid and consequently the H4 too.
I don't know how they would check it at the port of entry (some flag is entered in the system).
Either way, i think it would be a problem when you file for wife's AOS, it will show the I-94 date for your wife
prior to the Approval Date. see http://www.murthy.com/UDmar485.html
Better to check this with an attorney.
IMP:- I have heard Mumbai consulate requires a name change on Passport for spouse. You might have to give time for that while filing for H4.
Check this
http://boards.immigration.com/showthread.php?postid=378234#post378234
also some other links....
http://www.ins.gov/graphics/howdoi/Appproc.htm#Following
http://www.murthy.com/chat1227.html
http://www.murthy.com/chat0219.html
http://www.murthy.com/chat0430.html
http://www.murthy.com/chat0108.html
http://www.murthy.com/chat1211.html
sanrishi,
my attorney mentioned that as soon as your 485 gets approved, the H1(non-immigrant petition) becomes
invalid and consequently the H4 too.
I don't know how they would check it at the port of entry (some flag is entered in the system).
Either way, i think it would be a problem when you file for wife's AOS, it will show the I-94 date for your wife
prior to the Approval Date. see http://www.murthy.com/UDmar485.html
Better to check this with an attorney.
IMP:- I have heard Mumbai consulate requires a name change on Passport for spouse. You might have to give time for that while filing for H4.
Check this
http://boards.immigration.com/showthread.php?postid=378234#post378234
also some other links....
http://www.ins.gov/graphics/howdoi/Appproc.htm#Following
http://www.murthy.com/chat1227.html
http://www.murthy.com/chat0219.html
http://www.murthy.com/chat0430.html
http://www.murthy.com/chat0108.html
http://www.murthy.com/chat1211.html
st8
Registered Users (C)
sanrishi:
Your wedding is expected to be during last week of Jan '03 because of horoscope. For auspicious reasons/horoscope, etc. not many (pretty much none) hindu marriages occur between Dec 15 and Jan 14 (I don't remember the name of the month). So, why can't you ask your family to look for horoscope compatible dates before Dec 15? Your astrologer should find one and family too if you can explain the dilemma of GC approval before wedding.
Your wedding is expected to be during last week of Jan '03 because of horoscope. For auspicious reasons/horoscope, etc. not many (pretty much none) hindu marriages occur between Dec 15 and Jan 14 (I don't remember the name of the month). So, why can't you ask your family to look for horoscope compatible dates before Dec 15? Your astrologer should find one and family too if you can explain the dilemma of GC approval before wedding.
Sanrishi
Here is my View - When you are born did you consult a Horoscope ?
When you were writing your exams, did you consult a Horoscope ?
When you travelled to USA did you consult a Horoscope ?
I do not think so. And Also an important fact is that, once you lay your foot outside India (karmabhoomi), the spiritual matters cease to have influence on you.
So, be practical. Explain your parents the situation and get things on Paper buddy. Go ahead and never look back.
You being a Bachelor is History.
You being a Married Man is Mistery.
So, enjoy today and be Practical.
Wish You All The Best for Your Marriage.
God Bless You & Your Spouse with a Green Card.
Here is my View - When you are born did you consult a Horoscope ?
When you were writing your exams, did you consult a Horoscope ?
When you travelled to USA did you consult a Horoscope ?
I do not think so. And Also an important fact is that, once you lay your foot outside India (karmabhoomi), the spiritual matters cease to have influence on you.
So, be practical. Explain your parents the situation and get things on Paper buddy. Go ahead and never look back.
You being a Bachelor is History.
You being a Married Man is Mistery.
So, enjoy today and be Practical.
Wish You All The Best for Your Marriage.
God Bless You & Your Spouse with a Green Card.
Last edited by a moderator:
Re: similar case
soclose, My case is very similar to yours. But I have an added complication. I am also working on EAD and planning to get a new H1 to get a H4. My attorney told me that the staff in Consulate may get confused unless you present your case carefully.
I am hoping to get a RFE so that I can plan things more peacefully. The following link has my issue :
http://www.immigrationportal.com/showthread.php?eadid=62744
Good luck to you , sanrushi and me.
soclose, My case is very similar to yours. But I have an added complication. I am also working on EAD and planning to get a new H1 to get a H4. My attorney told me that the staff in Consulate may get confused unless you present your case carefully.
I am hoping to get a RFE so that I can plan things more peacefully. The following link has my issue :
http://www.immigrationportal.com/showthread.php?eadid=62744
Good luck to you , sanrushi and me.
Please note. If you bring your wife on H-4, she can't change status for 2 months(some people say it's 6 months). Since you will have to file AOS for your wife, it might not be possible.
I am not trying to scare you. Why don't you talk to your lawyer? They'll tell you the right options.
I am not trying to scare you. Why don't you talk to your lawyer? They'll tell you the right options.