EAD and Marraige

S

Sinha_R1975

New Member
Hello All:

My sister(currently in India) is getting married to a guy (based in US) in the next two weeks. The guy has applied for his GC processing and is currently utilizing his EAD. Based on conversation with his lawyer, he has mentioned that he can bring my sister to the US by adding her as a dependent (since his GC is not yet approved).

Please advise if any of you see a problem with the above scenario. Please let me know if I should post this message in a different section. Thanks in advance.
 
Did his lawyer tell "How To" bring spouse here? Like h4 visa or any other visa?

My understanding is as long as a person has valid H1, he/she can bring spouse as dependent even though GC is filed.

Some posting on these forums say, if a person has used/using EAD, he/she is no longer considered to be on H1.

Will you please clarify, what ur future in-law's lawyer told him?
 
My guess is, ur sister cant get H4 as this guy is on EAD(no longer on H1). Your sister has to apply for consulate processing after marriage. I am not sure if dependents CP can be approved b4 primary applicants 485 approval.

iEAD will be available only if your sister is in US.

Check if primary can apply for H1 again, so that she can be here on H4.
 
I do see a problem in the given scenario.Even if your sister gets an interim EAD, she needs something like an advance parole equivalent (some kinda travel document) to let herself into the US. Advance parole, to my knowledge is issued for someone already in the US. I am not aware of any visa issued to an EAD/AP dependent. Consular processing is an option after the wedding- to me it appears like she may get into the family based immigration category.
 
Where did the marriage take place? In the US or in India? Has it taken place yet? Maybe what the guy is doing is getting your sister in the US with a tourist/student visa and get married in the US. After that, he can apply 'follow to join' for your sister then she is qualified to get EAD.
 
re : marriage

If your brother in law has a valid H1B status, you sister should be able to get a H4 and come to US and immediately apply for I-485/EAD/AP.

However, if he is on EAD only, she needs to apply for consular processing in India which takes approx between 1.5 years - 2 years (on an average). He can however bring her to US as visitor in this case and get married in US. In that case, there may not be much issues but getting visitor visa in not easy these days.

Thanks,
some_guy03.
 
Thank you all for your reply. The guy has an EAD and is planning on getting married within the next month. He said that based on conversations with his lawyer, he should be able to get an EAD/AP (?) for my sister..

Please let me know if this is possible... Thank you again so much for your help....
 
Re: Re: EAD and Marraige

Originally posted by Sinha_R1975
Thank you all for your reply. The guy has an EAD and is planning on getting married within the next month. He said that based on conversations with his lawyer, he should be able to get an EAD/AP (?) for my sister..

Please let me know if this is possible... Thank you again so much for your help....
Click to expand...

If his H1 is still valid then yes it is possible for your sister to come in on H4 and after a month's wait, apply for follow-on for 485 and apply for EAD/AP. Mind you, all this takes place once she is within US. Otherwise, if he is using his EAD because his H1 has already expired, then there is no way he can apply for her EAD/AP (of course, I mean, to the best of my knowledge). Consular Processing is a(only?) possibility, and that as someone said earlier is another 2 years.

But hey, marriages are supposed to be made in heaven, unattached to these stupid roadblocks. If they are made for each other why bother about these issues? When good things like that happen, the Almighty will definitely provide the Will to find a way to overcome these obstructions.
 
Headed for trouble ...

I dont know how your (future) brother-in-law intends to get her EAD/AP. If he used EAD, then he lost his H1 status, so he cannot bring his wife on H4.

He can add her as a dependent in the 485 processing. Point. But for that to happen, she has to come to USA. And the only way to do that is H4 (or B1/B2, but has its risk and limitations)

EAD is issued only if 485 is pending; now thats changed with the parallel processing, but still one needs to file 485 and for EAD simultaneously. AP is not issued when you are outside USA and you cannot mail out your AP out of USA.

**If he is thinking of adding her as a dependent, file for EAD/AP and mail them after it is approved so that she can come based on EAD/AP, GOOD LUCK **

Based on the facts you have presented, your sister getting here on EAD looks doubtfull.
 
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