Due to marriage problem, Can we withdraw I-485?

single

Registered Users (C)
Hi folks,
I am SINGLE. I have a valid H1 for 3 years and applied for I-485 in 04/00. My PD is 10/98 and it is current. I am not planning to ger marry for next 2-3 months. I heard its difficult to bring wife after I-485 approved. So I am planning to withdraw it. Can we add wife\'s name latter i.e. after filling my I-485? Can we withdraw I-485 and file it again? Do I need to start the GC process again or I can directly file I-485 on my current PD, and current approved I-140?
 
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You can add your wife to your I-485 case until it is approved. Once it is approved and you have not included her in your I-485 file then you have to go through the regular processing time.
 
Due to the new regulations on "V" visa you can sponsor your wife on a V visa and file her case and she can continue to be in legal status (under V visa) until her priority date becomes current and the case is approved (I-485)
 
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I think for V visa the requirement is to have the application pending for a MINIMUM of 3 yrs. So, better check with a lawyer before making a decision. This V visa is not all that simple.
 
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taka-digi, thank you very much for this valuable information.

But unfortunately, mine FP is also done on 11/00. So there is nothing pending that can delay processing(we don\'t know). But may be redo I-140, if necessary. I am an IGTE guy. I don\'t know is there any provision in AC21(or similar) for a problem that I am facing.

Can you or anybody faced this kind of problem. And is there any solution?

Once again, thanks taka-digi.
 
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I don\'t really know what else can you do to keep your application pending at this point, especially after having completed the FP. I would strongly recommend you to consult a good immigration attorney right away.
 
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