Getting married after filling for I-485?...Please advise!

[Reza-EB2 NIW]

Folks,
Please bear with me if this question seems silly to you. I am currently on H1, and last week, I filled for my I485 after the approval of my I-140 EB1-EA. Currently, I am single and I am planning to get married when I go my home country as soon as I recieve my Advance Parole. I want to see which way is the quickest to bring my future wife to U.S.?
1) I bring her as Fiancee visa, and then apply for her I-485. Is it possible to do this?
2) I add her in my I-485 application and then apply for her Advance Parole? Can I do this?
3) Is there another way?

I seek your input, please share with me your experience...
Thanks,

 

[prq20]

Folks,
Please bear with me if this question seems silly to you. I am currently on H1, and last week, I filled for my I485 after the approval of my I-140 EB1-EA. Currently, I am single and I am planning to get married when I go my home country as soon as I recieve my Advance Parole. I want to see which way is the quickest to bring my future wife to U.S.?
1) I bring her as Fiancee visa, and then apply for her I-485. Is it possible to do this?
2) I add her in my I-485 application and then apply for her Advance Parole? Can I do this?
3) Is there another way?

I seek your input, please share with me your experience...
Thanks,

Hi,
You can also opt for Follow to Join process (CP when your GC is pending and you get married. After your GC approval, you file for I-824, which will tell you embassy that your 485 has been approved. Your file will then contact the embassy and will ask for her AOS.
Further details can be found of "family based adjustment of status" thread where detailed process has been described.

 

[Cmapocma]

Folks,
Please bear with me if this question seems silly to you. I am currently on H1, and last week, I filled for my I485 after the approval of my I-140 EB1-EA. Currently, I am single and I am planning to get married when I go my home country as soon as I recieve my Advance Parole. I want to see which way is the quickest to bring my future wife to U.S.?
1) I bring her as Fiancee visa, and then apply for her I-485. Is it possible to do this?
2) I add her in my I-485 application and then apply for her Advance Parole? Can I do this?
3) Is there another way?

I seek your input, please share with me your experience...
Thanks,

1) I bring her as Fiancee visa, and then apply for her I-485. Is it possible to do this?

Fiancee visa is only for US Citizens

2) I add her in my I-485 application and then apply for her Advance Parole? Can I do this?

If she is not in US, then you can't file I-485 for her and can not get AP for her

3) Is there another way?

1. If you are still on H1 visa, then go there, marry her, and she will be eligible for H4 visa. But, then you shouldn't use AP when returning to US, you should use only your H1.

2. If she have (or can get) a US visa now then she could get here, you can marry her here and apply for I-485 for her

3. Following to join, as described in prevopus post, but this can be too long (I'm actually in this situation, and it is fourth year already since I applied for my I-485)

 

[prq20]

1. If you are still on H1 visa, then go there, marry her, and she will be eligible for H4 visa. But, then you shouldn't use AP when returning to US, you should use only your H1.

--- What is the danger is using AP when coming back to US? Using AP doesn't invalidate ones H1 status. Is this True? If so then there should be no issue in spouse's AOS if husband is on AP.

3. Following to join, as described in prevopus post, but this can be too long (I'm actually in this situation, and it is fourth year already since I applied for my I-485)

--- Why is it taking so long? Is there any retrogression? I am under the impression that 824 takes 7-8 months and then AOS process also takes about the same (total ~16 months). Please elaborate your situation.

 

[tammy2]

I would be more worried about the date being current because they may approve the case at any time. First thing is getting married before the approval. Once you do that you can either bring your spouse on H4 or FTJ.

 

[Cmapocma]

--- What is the danger is using AP when coming back to US? Using AP doesn't invalidate ones H1 status. Is this True? If so then there should be no issue in spouse's AOS if husband is on AP.

Using AP or EAD invalidates H1 status.
If you'd come in on AP, then your status will be "Paroled to resume application for adjustment of status"
So spouse will not be able to come here on H4

--- Why is it taking so long? Is there any retrogression? I am under the impression that 824 takes 7-8 months and then AOS process also takes about the same (total ~16 months). Please elaborate your situation.

I-485 filed on Aug 25, 2003, EB1 - world
Current status: "the required security checks remain pending"
So I'm just waiting for approval of my I-485. And I can't bring my wife here

 

[prq20]

Using AP or EAD invalidates H1 status.
If you'd come in on AP, then your status will be "Paroled to resume application for adjustment of status"
So spouse will not be able to come here on H4

I am under the impression that even if you enter US using AP, You are still maintaining your H1 status and can continue even if your 485 denies. Isn't it true?
Did you enter US using AP yourself?
Is this why you can't bring your wife on H4? Have you actually applied for her H4?

 

[Cmapocma]

I am under the impression that even if you enter US using AP, You are still maintaining your H1 status and can continue even if your 485 denies. Isn't it true?
Did you enter US using AP yourself?
Is this why you can't bring your wife on H4? Have you actually applied for her H4?

1. No, it is not true.

2. Yes I did.

3. My H1 status expired on January 1, 2004. I married her after that.

 

[prq20]

3. My H1 status expired on January 1, 2004. I married her after that.

So looks like you are working on EAD after expiry of your H1. Therefore you can't go back to H1 and can't bring your spouse on H4.

But if you had valid H1 (I-94) and would have entered US on AP and would not have used EAD for working, you were still on H1 status and would have brought your spouse on H4 status.

Right?

 

[Cmapocma]

So looks like you are working on EAD after expiry of your H1. Therefore you can't go back to H1 and can't bring your spouse on H4.

But if you had valid H1 (I-94) and would have entered US on AP and would not have used EAD for working, you were still on H1 status and would have brought your spouse on H4 status.

Right?

No.
When one leaves US one surrenders I-94
When one enters US with AP one gets I-95 with "Paroled" status and should use EAD to work regardless of previous status.

http://www.immihelp.com/greencard/adjustmentofstatus/eadap-hl.html
"Similarly, getting an Advance Parole (AP) and using an AP are two entirely different things. Using an AP means going out of US and showing AP to enter the US as a parolee instead of showing the visa to enter the US as a non-immigrant. As parolee can't work in US, he/she should get EAD before traveling on AP."

 

[Reza-EB2 NIW]

Thanks to everebody for taking time to respond to my question. It looks like the H1/Advance Parole issue is a fuzzy issue. In my case, I don't have valid H1 visa in my passport. It is only the H1B approval notice. Does it make any change?
I had this impression that if I enter as Parole and work for the same company that sponsored my H1B petition, then I would not need to use my EAD and I will not be considered "immigrant".
But the points that Cmapocma has made carry a heavy weight too.
So I guess i should go back to my home country, get married, and then both of us apply for H1/H4. Is this a correct conclusion?

Thanks,
EB2-NIW

 

[Cmapocma]

So I guess i should go back to my home country, get married, and then both of us apply for H1/H4. Is this a correct conclusion?

Yes.
And it will be a fastest way to bring her here.

 

[TheRealCanadian]

When one enters US with AP one gets I-95 with "Paroled" status and should use EAD to work regardless of previous status.

You obviously haven't read the Cronin Memorandum.

With all that said, the problem I would see is getting the spouse the H-4 stamp at the consulate. The consular officers will want to see an H-1 I-94 from the husband, and he won't be able to provide one.

So yes, get the H1/H4 at the consulate.

 

[alex904]

Using AP or EAD invalidates H1 status.
If you'd come in on AP, then your status will be "Paroled to resume application for adjustment of status"
So spouse will not be able to come here on H4

That's not correct. AP and EAD don't invalidate H1 status. As long as you're having H1, i.e. have I-797 on your hands, you're free to use it to stamp H1 in the passport, marry somebody and bring her/him on H4 etc. I-94 status has nothing to do with H1 and eligibility of your spouse to obtain H4.

 

[Cmapocma]

That's not correct. AP and EAD don't invalidate H1 status. As long as you're having H1, i.e. have I-797 on your hands, you're free to use it to stamp H1 in the passport, marry somebody and bring her/him on H4 etc. I-94 status has nothing to do with H1 and eligibility of your spouse to obtain H4.

what you are saying that as long as have I-797 on your hands you are eligible to get an H1 visa. It is true. But what I'm saying that if you use AP then your status in US will not be H1.