Arrived on H4, Wish to Get Married After Filing I-485

D

dhruvb

New Member
I had a question about getting married after filing my I-485 applications. My father is the primary I-485 applicant and I (as well has the rest of my family) have filed as a dependent (as this was done when I was a minor). I have two questions in this regard.

1. If I happen to marry someone outside the United States, can she also file her I-485 as a dependent given that my 485 app has not been approved yet? My PD is Dec 2001.

2. If I happen to marry someone who already has a greencard or is a US citizen, how will this effect my application?

I have read other threads and forums and in every case the person getting married is the primary applicant and typically came on an H1 visa. I, on the other hand, came on an H4 and so am unsure if there are any differences in filing the 485 for my future spouse.

Would appreciate any help on this matter.
 
dhruvb said:
If I happen to marry someone outside the United States, can she also file her I-485 as a dependent given that my 485 app has not been approved yet? My PD is Dec 2001.
Click to expand...

No, because as married individuals you will no longer be "dependent" on anyone. Your dependent status (ie. GC) depends on you being unmarried at the time of I-485 approval.

If I happen to marry someone who already has a greencard or is a US citizen, how will this effect my application?
Click to expand...

It will void it.
 
Hi TheRealCanadian

Thanks for your reply. So for the first question, since if I get married, I will no longer be a dependent, will I have to start the whole process to obtain my gc from scratch?
 
Thanks. So if I get married to a US citizen or another gc holder, I'm assuming the same applies. I'd have to start from scratch and the new app would come under the family quota?
 
dhruvb said:
Thanks. So if I get married to a US citizen or another gc holder, I'm assuming the same applies. I'd have to start from scratch and the new app would come under the family quota?
Click to expand...

Depends. If you marry a GC holder you fall under FB2A, and need to wait several years to get a visa number (you also lose your H-4 status). If you marry a US citizen you get classified as an Immediate Relative and can file an I-485 right away.
 
You must log in or register to reply here.
Top