Expired H1B - AOS - wanting to include spouse in GC application

[smath_97]

Hi all,
I am new to this forum so please forgive any misreferences, misunderstandings and misquotations on my part.
I am looking for advice on some marriage/GC matters and I will do my best to present all the facts before i ask the questions.

My current situation is as follows
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My first 3 year period of H1B expired in Dec 2002.
I had applied for I-485 in October 2001 and havent yet received any fingerprinting notices. In fact, the current date seems to be 11/2000.
I am currently in India on an Advanced Parole.
I have a valid EAD that was issued towards the end of 2002.
I got engaged to my fiance during this trip and we are trying to fix up a marriage date based on my GC constraints.

My thought process is this
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(a)Ideally, the best time for my next visit is next December, but that would be pushing my luck wrt the GC.
(b)Now, I could request a weeks worth of leave sometime in the middle of the year, but given the current financial situation of the company, I would like to call this Plan B and do it if no other option presents itself.
(c)There is the possibility of us having a registered marriage in India and me adding her name to the AOS application, but these marriages require a month or two worths notice.
(d)We could go for an Arya Samaj marriage which would give us a marriage certificate right away and she could then follow me to the US a month or two later (i heard that a dependent now needs to have their spouse's name endorsed on her passport in addition to on the visa). This seems like the best option to me unless someone knows of problems with this approach.
(e)Uh, this one is shady, but what if she got a visitor visa and we got married in Vegas (immediate marriage) and then do the AOS thing. Can she convert from her visitor visa to AOS without any problems ? Her parents would beat me up for this, but for me its a little more viable than (b).

Please let me know what you think of the above scenarious.

Some Questions
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Will I need to re-apply for my H1B visa in order to get my spouse a dependent visa or can she enter the US on AOS ?
My spouse will need to be in the US before I can add her name to the AOS right ? Is it a possibility that she continue to be in India and also be admitted into the AOS process ?
Quite rhetorical, but we need to produce a marriage certificate in order to add her to AOS and proof of engagement will not do correct ?
How much longer after fingerprinting does the GC normally get approved ? Is it safe for me to wait for my fingerprinting notice and then fix up a marriage date and expect to include her into AOS before it is approved or would that be plain foolish ?

Thank you in advance

 

[GCApplcnt]

Not based on own experience, but from what I have heard:

1. Pending I-485 doesn't allow your spouse to enter US, so she will need to enter on non-immigrant status. Her best shot is H4, but in this case you will need to enter on H1-B( if you enter on AP, your non-immigrant status is voided and she's not eligible to stay on H4 ). Another option would be for her to enter on some other basis - as H1-B or L holder if possible...

2. As far as visitors visa - this is reisky. Theoretcially she can try B/B2, but this could lead your in trouble, because - unlike H1-B and L - B1/B2 are non-immigrant intent visas, so first off, she would have troubles entering if if comes to attention of INS that he's married/is a fiemcee of an adjustee; secondly even if she does enter, gets married and files for AOS, her actions maybe interpreted as visa abuse.

3. Yes, she needs to be in the US to file AOS, otherwise she sould have nothing to adjust

4. As far as timing for I-485 - nobody knows. Current processing times depend on SC, but it can take any time from 12 months to 2.5 years. In your case - well, you have a prayer to get approved in spring next year, but barely. BTW, the fact that you haven't gotem your FP yet is somehat troubling - what SC are you assigned to?

As I said, the best and the most legal "clean" way is for you to get married, get H1-B, get H4 for her, re-enter and file AOS for her. As your H1-B has expired, you cannot re-validate it - you will need to re-apply afresh, and that may take time. Then there's an issue whether the fact that you have used your AP is a problem or not - I don't think it is, but then who knows. Thirdly, if you get H1-B and re-enter US on H1-B, you do need to show I-485 receipt on entry, otherwise your I-485 will be deemd abandoned...

Anyway, these are just my thoughts on the subject. I'd say the situation is tricky and timing is of great value, so do hire a lawyer - it seems you ned one.

Good luck