Divorced while 485 is on Pending

C

chittts

Registered Users (C)
Hello Gurus,

I need your valuable help.
Here is my case..

Iam presently working in H1 Status and have filed my 485 in
Jan 2003, at Vermont centre.(Approval pending).
My I-140 is approved and I have my EAD also.

I was married but seperated when I filed my 485.
And due to various reasons, I have not included my ex-spouse's details in my current 485.

Iam now divorced and planning to get married by April 2004.
The girl, am to marry is now residing inUS, holding her own H1 visa.

1) Will my second marriage affect my GC process in any way?

In this scenerio,assuming we are getting married after 4 months, 2)how am I to include my new wife's details to my 485.

I was told that I need to file 'Follow To Join' by some of my collegues, forwhich I didn't find any clear details, on our forum.

3)Is this the procedure I need to follow?How I can include my new wife on my GC?
Can anyone briefly eloborate onto the procedure clearly.
Or Is there any other better option?

Also, I assume that mine will not be approved before next April, based on the current approval status.

If suppose, I get approved before my marriage, how am I to proceed further for my new wife?

Any sort of help with this regard is greatly appreciated.

Thanks in advance,
chittts
 
1. No marriage does not affect your I485. Since your would-be is already in US, no need to use follow to join. As soon as marriage is registered, apply for her I485 as a derivative.

Even if the marriage happens after I485 approval, since she is eligible to be on H1, she can file I485 based on the approval. If you do it sooner, and request USCIS to send the finger printing for your wife immediately after receiving the I485 receipt notice, your wife's GC might be approved along with yours.

No, your GC will not be delayed because of adding her.
Follow to join is like Consular Processing, only difference being if approval came after marriage their CP is processed faster.
 
Thanks jaxen2. I shall be thankful, if you can explain me the difference between "follow to join" and filing I485 directly to my would ne. or Rather under what cases, do we need to apply
1. Follow to join
2. Filing I485 Directly.

Appreciate your response.
 
Follow to Join is Consular Processing. It is termed for cases where the marriage happened before primary's GC approval.
Since your spouse is going to be here in H1 you dont have to do consular processing (i.e. file I824, wait in home country for 6months to 2 years for the GC interview in the consulate)

After the marriage is completed, your wife should enter US on H1 and then file I485 with all the support documents, including I131 and I765, Once she gets EAD/AP she need not continue to be on H1(although she can). But her status will similar to your current I485 status.
 
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