F-1 to Spouse [Dependant] of Nurse's I-485 GC?

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alex2d2

Registered Users (C)
F-1 added as Spouse [Dependant] on I-485 GC after filling?

My girlfriend's I-485 (from F-1) is pending approval under the Nursing Schedule A category, 140 is approved. I am currently on F-1 and hopefully will be changing to employment based H-1B (technical, not nursing) within a year. My question is, is it beneficial for me to marry her at this stage and add myself to her application? If that's possible, would that get me permanent residence at the same time as her? Or would it be the same 4-6 year wait time as with a spouse of permanent residents who file seperately?

If it is possible for me to file a I485 or get added to hers, would that affect my future (in December) OPT application and then H-1B later... since I am keeping all options open and not going to rely on a dependent GC if that is denied.

Also, does it matter if we get married now and then apply within the next week or two. It's nothing fraudulent, we have been living together for the past 3 years. We were really planning to get married after I got my H1B, but if I can get added to her application, then why not.

Thanks in advance...
 
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Also would my addition to her case negatively affect hers or delay it? Keeping in mind that her I-140 has already been approved.
 
If you get married right away, you will be able to file I-485 and get derivative benefits as spouse. You can also apply for EAD to be able to work etc.
Unless i'm mistaken, i believe the 485 process is faster for nurses.
Not sure abt ur other options (OPT-H1), i'll let the gurus comment on that.

Ur 2nd posting(QUESTION) - no way!! It does not affect her application in anyway. Most IMPORTANT is 2 get married BEFORE her I-485 gets approved.
 
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But "derivative benefits" are the same as family-based (2A) sponsorship which would take around 5 years, or would it be faster like her GC process? And if not, do I have to maintain my own status until my I485 gets approved, or would I get a "limbo" status where I can stay in the country and work legally, but not travel outside...

Also, would the USCIS object if we get married and file for my I-485 within weeks ...?
 
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alex2d2 said:
But "derivative benefits" are the same as family-based (2A) sponsorship which would take around 5 years, or would it be faster like her GC process?
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Derivate benefits means you get the GC at the same time as the primary applicant. It is explicitly not the same as FB2A.

And if not, do I have to maintain my own status until my I485 gets approved, or would I get a "limbo" status where I can stay in the country and work legally, but not travel outside...
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Your pending I-485 would keep you in status, and you could travel with AP.

Also, would the USCIS object if we get married and file for my I-485 within weeks ...?
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No, why?
 
TheRealCanadian said:
No, why?
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Well, because someone on a different forum suggested that they might doubt my "intentions" if we get married and file soon after while her case is still pending.

Also, her I-140 just got approved, and hopefully her I-485 is not that far off either. In case if she gets her 485 approved while mine is being processed / sent , does that automatically mean that I can no longer get the "derivate benefits"?

Btw, thank you all for your kind responses.
 
danmagaji said:
No you should be fine.... most important is 2 be married b4 485 approval.
Good luck
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Thanks.

But just so that I have it all straight, it's marriage before 485 approval, not the filing for my 485 before her's gets approved. Which means I can file even after she gets approved???
 
alex2d2 said:
But just so that I have it all straight, it's marriage before 485 approval, not the filing for my 485 before her's gets approved. Which means I can file even after she gets approved???
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That's correct, provided that at the time of your I-485 filing you are in a valid non-immigrant status, or have been out of status for less than 180 days.
 
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