Get married after filing in I-485?

M

martino

Registered Users (C)
I believe this question should have been discussed in this
forum but I would appreciate if you can give me some
suggestions.
I filed in I-485 this early March and then I got married in May.
Is it easy to include my wife in the greencard application?
How can I do?
Thanks,
martino


I-485
WAC-03-125-XXXXX
RD 3/13/03
 
No, its not possible to include your wife in this application. It would have been possible to include her name at the time of filing for your I-485, but at that time you were not married.

However, you can still file for a Follow-To-Join application after you complete your Green Card process. This process is a consular process and its reasonably fast these days.
 
I heard

that you can file for "FOLLOW TO JOIN" when your GC is pending not after you have completed the process. Once you get your GC it takes forever to get a GC for your spouse so act fast and consult a lawer.
 
Thanks a lot, WAC02134 and user7.
:)

Another question,
As for "FOLLOW TO JOIN", which paper form should I
use?
 
Thanks, BitterMan.
The reason I asked for forms is to read the instructions.
The website you provided is very helpful.
:) :cool:
 
I dont think you can file for FOLLOW-TO-JOIN when the petition is still pending. Again, its a consular process... so there are no forms that you can file at BCIS over here... but these forms will have to be filed at your local country's US consulate/embassy. The assumption over here is... your spouse is not in the US.
 
I dont think you can file for FOLLOW-TO-JOIN when the petition is still pending. Again, its a consular process... so there are no forms that you can file at BCIS over here... but these forms will have to be filed at your local country's US consulate/embassy. The assumption over here is... your spouse is not in the US.
 
Martino

You can surely add your wife as your beneficiary as your 485 is still pending and you got married before you got approved. Just send her papers.

I did the same. I had applied in July 2001 and got married in Nov 2001. Then I applied for my hubby in Jan 2002 and luckily my approval came in March 2003. His 485 is still pending but he has EAD.


You will not be able to add her to your application once you get apporved ..Then you have to do follow to join.
 
Marriage and I-485

martino,
There are lots of old posts regarding this matter in this forum. Search for those posts.

As far as your situation goes, my understanding is (based on my lawyers opinion):

(1) If your spouse is already in the USA, then you can file for her I-485 now (and you should do so immediately to avoid future hassle)

2) If she is currently out of USA, best option is to bring her into USA on H4 (if it is posible in your case), then follow step (1).

If it is not possible for you to bring her into USA, then file her as a FOLLOW-TO-JOIN at the foreign US- Consulate.

Hope this helps.
 
Martino
I think whatever independat1971 said is correct except the last one..I think to apply for follow to join, the condition is that not only should you get married before the 485 approval but also you can add wife only after the approval. In other words, you can add her as follow to join after you get your approval as you marriage happened before your approval.

I think your best bet is to get her here on H4 if she is not already here and add her as dependant on AOS.
 
gondi is correct

Kinda forgot all the details.

martino,
Is this a EB-AOS?
I would also suggest that you should consult your lawyer to know ins and outs. It is good to gather preliminary info from this forum, which is of course helpful and in some cases, sufficient for many of us.
 
I-485 - AC21-New H1b - Marriage

Hello guys - I need some help.

I filed for I 485 in April 2002 and my case is still pending. I was laid off and I used AC21 to join a new job. I am currently working. My old H1b is no longer valid.

I am planning to get married soon, and I am wondering if I can apply for new H1B, get married and bring my wife on H4.

The new law allows an individual to hold two status so this should not be problem.

Note: I cannot do an H1 transfer so therefore I plan to apply for new H1B.
 
You can do that without any problems. It quite easy. Only catch is you should not have been finger printed.

I have done it myself and filed the -485 application 3 months after filing my application.
 
Oh, my wife is a student in US. She is holding an F-1 visa.
Yes, Independent1971, my application is in EB-AOS category.
I will talk to my laywer after collecting all the information.
Thanks for your comments.
 
martino

For a spouse who is already in the USA on F1, the only thing to make sure is:
She must be on F1-visa (in the USA) for more than 4 months. If so, you can file for her I-485 tomorrow.

Note: I believe it is either 3 months or 4 months. Not sure what is the basis for this weired rule.

Can't help but spitting out words:
Also, make sure that once her I-485 is filed, she does not travel outside USA on F1-visa. She can travel once she gets the AP. Bcz, F1 is not a dual intent visa. In case she travels outside USA on F1, INS may deny her entry bcz she broke the dual intent by applying for I-485.
 
Matino,

I am in the same boat as you and here is some information that I have found out so far.
You can surely ad your spouse b4 your application is approved.
You mentioned that yout spouse is on an F-1 Visa. Now in this case the only thing you have to be careful about is that an F-1 visa in a visa with no intention to immigrate. So once you file for AOS then she if she travels on her F-1 outside the US it can pose some risks in re-entering. Thats the only thing you should keep in mind.
Please let me know as well if you find out any furhter information on this.
Thanks
 
Independent1971 I had a question for you or anyone else who has an answer.

I have already filed for AOS and plan to add my spouse in Aug 03.
My spouse (to be) is on an F-1. We both need to travel outside the US in Dec 03. I have a valid H-1. Once we file for my spouses AOS, and when we travel outside the US in Dec, can he come back to the US on an H-4 instead of an F-1? Would it be a problem to get an H-4 after AOS is filed?
Thanks!
 
zipzap,

Better not to try entering the country on H4 after applying for AOS. Due to the tricky F1/non-immigrant visa stamp & AOS it is a sticky wicket. It is BEST to travel on AP after filing for AOS regardless of visa status.

Getting your spouse a H4 since you already are on H1 is no problem. But if he intends to work on campus then he will need an EAD which will invalidate his H4.

Best solution - file for his AOS ASAP! Travel on AP and work on EAD since his is a secondary application on your 485. Offcourse you should maintain your H1 for the purpose of a safety net.
 
zipzap,

I think, 140_takes_4ever has shed Some light into your situation and options.
This is a very tricky part (F1, then AOS, then H4??). You should talk to a lawyer.
And BEST to travel outside USA on AP.
 
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