dependency on Marriage date vs 485 approval date

[ajitkc]

Hi ,

I have the following questions.

Case history : I am waiting for my 485 approval. My 485 was filed in Nov 2003. I am still on H1 status. I am planning to go in India in Feb for my marriage. I need to apply H4 visa for my would be wife ( who is an Indian citizen) . Getting an appointment in US consulate in India is very difficult. The next immediate appointment which I am getting for H4 visa is April 2005.

Now here are following cases which I can think of

Case 1 - My 485 gets approved before my marriage .

I think this is a sorry case.. How long do I have to wait to apply for my wife's H4 visa . I heard one has to wait for 3 yrs. Is it correct ?

Say if I didn't know that my 485 is approved because I am in India on vacation and I applied for my wife's H4 visa . Will the US Consulate will reject my wife's H4 visa ?

Case 2 - My 485 gets approved after the marriage. But before my wife's appointment in consulate .

In this case will she get her H4?
Or in other words what matters the most in getting an H4 visa ? "Marriage date before the 485 approval" or "the H4 application date before 485 approval ".

case 3 - My wife gets her H4 visa but when she comes to USA we find my 485 is already approved .

Can I apply for her 485 too ?

Case 4 - My 485 is approved after the H4 application and she comes to USA. I apply for her 485 after reaching USA

I think this is the ideal case ...

Thanks
-Ajit Choursia

 

[MrSkyMour]

That's a very well put question, as you said, case 4 is the best scenario but it's not guarenteed at all...Anybody has a detailed answer for each case Ajit mentioned?

I would recommend that you would go as fast as you can to india to get married in the first place. I dunno the current processing time for the I-485, the USCIS must have something more defined than an unexpected approval dates ..

 

[TheRealCanadian]

My 485 gets approved before my marriage. I think this is a sorry case. How long do I have to wait to apply for my wife's H4 visa . I heard one has to wait for 3 yrs. Is it correct ?

Actually, you'd wait forever, since as a permanent resident you would no longer be in H-1 status and your wife could never get an H-4. You would have to file an I-130 for her under FB2, and by the time the priority date for that became current, you'd probably be a US citizen (ie. a 5 year wait). However, if she could get employer sponsorship for an H or L, she could come and be with you.

Will the US Consulate will reject my wife's H4 visa?

If they know about it, yes. The chances of that happenning, I cannot say.

My 485 gets approved after the marriage. But before my wife's appointment in consulate . In this case will she get her H4?

No, since you will not be entering in H-1 status, if the consulate finds out about the approval. My advice to you would be to ensure you do not find out about your I-485 case status after you leave for your marriage. However, in such a case she would be eligible for a Green Card right away, and she'd just do "follow to join". Maybe 6-8 months.

case 3 - My wife gets her H4 visa but when she comes to USA we find my 485 is already approved. Can I apply for her 485 too ?

Yes, you have 180 days to get the I-485 filed.

I think this is the ideal case ...

Options #3 and #4 are equally good.

 

[lsg]

You should be able to get early appointment date from delhi consulate and if you request for an earlier date through website http://ttsvisas.com, they will waitlist you and send you a mail when any slot opens for that day.

Goodluck
GCH