Getting married after I-485 is filed

T

traincert

New Member
I have my I-485 filed 5 months ago and also got EAD and Advance Parole. My H1 expired about 3 months ago (I still got 2 years before reaching 6 year limit), so I am working on EAD and I was using Advance Parole to enter US since then.
My question is, if I get married to a person outside of the US before my I-485 gets approved (which may take a while) what options do I have to bring my wife into the US? I understand that once the green card is issued there is a long waiting even more does not make a lot of sense.

So before my I-485 gets approved what are my options:

- Can I file "Follow to join" for her once we get married?
- Can she come her on a student visa, we get married and then file I-485 (I suspect this could be considured as a conflict with a non-immigrant intent of student visa, but wanted to check)
- Can I get back to the H1 status (while still continuing with mine I-485) and bring her on H4 and then file I-485 for her.
- Or even can I somehow cancel my I-485 processing, go back to H1, get married, bring her on H4 and then re-file I-485 for both of us? (will LC and I-140 still be valid in this case)

Thanks Much!
 
Answer

So before my I-485 gets approved what are my options:

- Can I file "Follow to join" for her once we get married?
>>You can, if you are married anytime before your I-485 approval.
Remember this is kinda frustrating procedure. Read Follow to Join Thread.

- Can she come her on a student visa, we get married and then file I-485 (I suspect this could be considured as a conflict with a non-immigrant intent of student visa, but wanted to check)
>>>> You are 100% right on it. However, you can let her try before getting married. After getting married, it is very less likely they would issue her F1 while you are on H1/Payrole.

- Can I get back to the H1 status (while still continuing with mine I-485) and bring her on H4 and then file I-485 for her.

>>You can. Some people did it. This would be your best bet.

However, please get more info. There are several posting on this specific issue posted by JAXEN GURU. I know it is possible to go back to H1 again after using AP if he continues to work for same company. I am not quite sure about this specific issue. Hope somebody will answer better.


- Or even can I somehow cancel my I-485 processing, go back to H1, get married, bring her on H4 and then re-file I-485 for both of us? (will LC and I-140 still be valid in this case)

If this is possible then the above one will also be possible. If you cannot go back to H1, I dont think cancelling your present I485 will make diffrence.

Hope this helps.
 
same situation

I was in nearly the exact same situation. ...H1 expired, was working on EAD.
(Only thing, i had not travelled using my AP)

This is what i did:-
--got a new H1 - applied through premium processing.
--went to India, got married, got my H1 from mumbai consulate, subsequently wife got her H4
--came back to the US on H1, with my wife on H4
--filed for my wife's 485 processing.
--Incidentally, where r u from ? the mumbai consulate has made it mandatory for the wife to change her surname
after marriage. So, allow some time for passport name change for your wife.

I did spend some money in all this but i had read about all the longer waits and anxiety related to FTJ, etc.
I would suggest you follow the same procedure.
Let me know if u need any more help on this.
 
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