Delaying adding a dependant to my I-485

M

mygcblues

New Member
Hi,

I'm hoping one of the experts could answer my question here. Here is my scenario -

Like many of them, I'm eligible to apply for my I-485 now. I'm single now but likely to get married in November. My goal is to get my EAD first and add her as my dependent before the final approval actually happens. Hence I've decided to go ahead and file my application now.

According to my attorney, this is risky and so I'd like to ask the experts here a few questions.

1. What is the best way to delay the approval till November-end but at the same time get my EAD?

2. Would delaying finger-printing delay the approval but not hinder the EAD - Is this a good idea?

3. Will my wife get her EAD when I add her in November to my application?

Any response to the questions above is appreciated?

Thanks.
 
mygcblues said:
What is the best way to delay the approval till November-end but at the same time get my EAD?
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I don't think it's likely you'll get your approval by November in any case.

Would delaying finger-printing delay the approval but not hinder the EAD - Is this a good idea?
Click to expand...

Probably. I think delaying FP by a month or so should be enough.

Will my wife get her EAD when I add her in November to my application?
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You don't add her to your application. She needs to file her own, and that assumes she is in valid non-immigrant status and your PD remains current. If you use your EAD and lose your non-immigrant status, how do you plan to bring her to the US if she is not already here?
 
every one asks same question 10 times in one day
please read other threads
:)

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you wont get I485 approved before december my friend
you wont even get EAD
there are 100 000 others who are applying

go ahead apply now
be on H1, go home get married
bring spouse on h4

apply her I485
there is no such thing as adding her, its a separate application for her

and there is no way to delay
believe me, you dont want to do it

attorney is just doing his job, yes its risky in the sense that if I485 gets approved, you ll have issues, but trust me, it aint happenin
 
She is already in the US on her H1-B visa. I didnt know about the fact that the date has to be current when we apply for her.

How about this - can we apply together without the marriage certificate and then we will delay sending the certficate. In this case, the PD wouldn't matter. Isn't it?
 
mygcblues said:
She is already in the US on her H1-B visa.
----------------------------Get married
I didnt know about the fact that the date has to be current when we apply for her.
-----------your PD need to be current to file spouse I-485
How about this - can we apply together without the marriage certificate
---------------- on what basis she apply her I-485 with your I-485 if she is not married to YOU? you need marriage certificate if she is your spouse.


and then we will delay sending the certficate. In this case, the PD wouldn't matter. Isn't it?
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mygcblues said:
How about this - can we apply together without the marriage certificate and then we will delay sending the certficate. In this case, the PD wouldn't matter. Isn't it?
Click to expand...

Absolutely not - unless she is married to you AT THE TIME OF HER APPLICATION she is ineligible to apply as your dependent. If you are counting on an RFE for a marriage certificate, and they get a certificate dated after the I-485 application date, she might also get into trouble for filing a fraudulent application. Just pretend you never asked this question.
 
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You can bet safely anywhere that the PDs will not be current after October 2007. The bulletin itself says there will be severe retrogression in October. After that there is no telling, when the dates will become current again. This means your spouse cannot file I-485 if you get married in November.

This is not an easy solution but think about it. You can get married now, get a marriage certificate and file I-485. You can have a conventional wedding in November.

In any case, you need to hang on to your H-1b until she has filed her I-485.
 
I dont understand whats your issue

I can understand that you want to have big ceremony

but there is no harm in just LEGALLY getting married in a court and getting a cert, and applying for AOS
 
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