GC, H4 and Marriage - Need Help

S

stendul

New Member
Need Help

I have filed for my I485 - adjustment of status to the Vermont processing center thru' my company on Nov 26, 2001. I think at the current rate, I should be receiving my GC approved soon ( maybe 4/8 weeks).

However, I am now on vacation in the Middle East and am pretty close to tieing the knot with a girl that I have recently met and think that she's the one. All of this has happened very suddenly - this was not planned.

>>The US consulate in this area here requires a 4-6 week time frame for her to be interviewed and we need to get married and settle this ASAP. We also need to give in a 30 day notice in order to get the marriage certificate attested by the Indian Consulate. Maybe getting married in India is an option that will take less
time for the H4 to get processed.

My H1 is valid till Feb 2004 & so i have time on my H1.

Can I add her name to my I-485 pending application before we get married as my fiancee ? Can i get her to the US on any visa as my fiancee ?

What are my options ?

You opinion and solutions would be highly appreciated.

Thanks,
 
stendul ,

I am sorry to say this, It does not soungd alright.

Q:Can I add her name to my I-485 pending application before we get married as my fiancee ?
>>>> Absolutely NO.

Q:Can i get her to the US on any visa as my fiancee ?
>>> None what so ever.

Q:What are my options ?
>>> She has to come on her OWN status, H1 or F1.

>>> I have a friend who did the same mistake of filing for AOS, then got married in India and tried to get his wife before I-485 is adjusted and Indian consulate rejected her application and not giving any reason but just hinting that AOS pending for the principal alein. He waited for a while on consulate's reply and mean while his case is adjusted. After desparately trying for all unavailable options, he had no choice but to leave the country in vain to join his wife back in India.

That is the reason why many folks delay I-485 filing until after they get married.

Please seek an immigration lawyer's advise for any possible choices you may have in your case.

Good Luck.
- Sanga.

p.s: Let the forum know, if you get any solution
 
If you are currently maintaining your H-1 status you could get married, bring her on an H-4 and file her I-485 as your derivitive.
 
Got to be married befor approval.

Yes you got to do it at earliest, before your case comes to approval.

Here is some more from Murthy Chat:

Chat User : Hello, Muthiji. I received my EAD a few days back and also applied for my H1B extension. Can I go to India to get married and bring my spouse with me and apply for her green card?

Attorney Murthy : It is possible to travel abroad, get married and bring the spouse back on the H-4 status, as long as the principal reenters the U.S. on H1B status. So, it is important to wait for the H1B petition to be approved in order for your spouse to obtain the H-4 at the consulate soon after the marriage. Of course, in order for the new spouse to be eligible for a green card as part of the current green card case, it is necessary for the marriage to take place before the green card is approved. A marriage after the green card is approved will result in many years of waiting time before the spouse can obtain a green card through his / her permanent resident spouse.

Good Luck !!
-Sanga.
 
You must log in or register to reply here.
Top