Going for marriage to India and I485 approval on the way.

I

iitdelhi

Registered Users (C)
My brother is planning to go to India for marriage. His I140 is approved and fingerprint in done on 12/08. What will happen in the scenario if his I485 is approved while he is in India exchanging garlands. Can he and his wife enter into the US on H-1B & H4 respectively ? If he enter on AP, what will happen to his wife's H4 status?

Thanks
 
This scenario will be very unfortunate. If it got approved, he can come back to US but not his new wife for years to come(read about this at murthy.com). If your brother knew this beforehand, he could have delayed the FP. They cannot approve 485 without the FP. So both of them could have been safe.
 
May be , I will sound very impractical. just my 2 cents:

Your brother should have her fiancee to travel to the US on B1 visa ASAP and get registered/married in the US, then apply for 485 right away.
 
I found this reply for similar question from murthy.com

Chat User : Thanks for this valuable service. If the I-485 is approved while one is outside of the U.S., can one reenter on H status, assuming it's valid?

Attorney : Yes, a person is allowed to reenter the U.S. either on the AP or the H1B visa stamp with the original H1B approval notice at the port of entry, and then, after entry, the person should go to the local office with the I-485 approval notice to obtain the GC stamp in the PP.
 
Strongly Agreed with 'MydreamUSA' advise.

the more import is to bring her here at any cost, and registered ur marriage , and file her 485 here immidiately before approval.

Than u can follow whatever religious/traditionanl is, either get engagement(real). or simple marriage, once approved than u can go home country and follow whatever traditionals are.

You have no idea how much they would suffer once he is approved and INS won't let her to enter atleast 3-5 yrs.


Decide wisely


Good Luck
 
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Man! It is scary!!! Leaving your wife in India for 3 to 5 years? I put my vote on MydreamUSA comments.
 
sounds really scary, do whatever you could to take her here

srisubu said:
Man! It is scary!!! Leaving your wife in India for 3 to 5 years? I put my vote on MydreamUSA comments.
Click to expand...
 
That would be a nightmare...... And in answer to your posting from Murthy.com, it is agreed that your brother should not have a problem coming back. The question here is with her H4 stamping if in case the 485 is approved. The only way I can think of is to Pray for not being Approved....

The other thing I can think of is to wait till the Retrogression process starts and go with that if his Priority Date is after 01/01/2002.......
 
My friend he went to India before he stopped in Singapore and checked his e-mail. His fate came-up as email, his 140&485 got approved (filed in Feb' 04 ). Now he is in india and he told the girls family they accepted and got married now.

He is planning to return to US in January alone on AP.

If any one had the same situation, how they are handled this situation...

Give suggestions Guru's....

BaSh
 
Bash,

He has to get solid proof that he did married before approval, (I read chances are until PP is stamped - research and verify this).

If he is on H1 still have dim/little chance to bring her here using his H1 status which is gone once he approved. But can try, nothing to loose.

If no luck than
Come here back after marriage, make sure marriage date is in record/Certificate should be older than his approval date.

Get PP done + immediately file 824 (follow to join), don’t wait for approval of 824, send consulate the following doc immediately, they would create the case. Once 824 is approved they would wire/fax confirmation to US consulate about it, then she can apply Immigration visa there, (it would be little tough/bumpy ride because marriage timing and approval but strong doc+proof and luck and of course Wish of God/whatever u believe :D )

Copy of 824 receipt
Copy of I55 or G.C copy both side
Affidavit 134
Copy of his 485 petition
Marriage certificate

find more and keep pass info :D

http://uscis.gov/graphics/howdoi/appproc.htm

http://www.twmlaw.com/resources/general25cont.htm





Good Luck
 
POJ,

He got married after his approval. He can't get the prior dated marriage certificate.

Now he has no other option to bring her here. He has to wait until her 130 got approved. He decided to travel after working 6/10months in US.

Let see how it goes. He holds H1 till Feb 05 only (but not stampped in Passport). It is very difficult to get it done in India now, even if he tries for his spouse H4 that will be valid until Feb 05. So it is waste of trying.

I am thinking to send an invitation to visit us as a friend on Visitor Visa...then she can stay here for some time and when the visa time over she will go back.

Let see how it goes.

BaSh
 
He got married after 1 month of his approval. He went to india on H1 and holding AP. Returning in Jan last week on AP.

He did not done PP Stampping.

BaSh
 
iitdelhi said:
My brother is planning to go to India for marriage. His I140 is approved and fingerprint in done on 12/08. Thanks
Click to expand...

I think it's simple,,, if the finger prints were done on 12/08 (I assume 2004), then your brother have enough time to get married (like 3 to 12 months) before the I-485 approval...
My Finger prints were done in June/04 and I'm in the same situation, and my attorney told me that I have like couple of months to do the job,,, but I shouldn't wait until March 05...
 
You can get married right away so that you dont have to worry too much about GC getting approved. Prepone your marriage. Sorry though I would not be able to come but let me know the adress and I will send a gift.
 
iitdelhi:
Looks like from your recent post.. Your green card got approved !!! Congrats !!!. Hope your brother gets approved after his marriage..
 
harvinder said:
You can get married right away
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My understanding is to get married a person would need somthing an opposite se-x having same thoughts :D :D


harvinder said:
so that you dont have to worry too much
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Yes, and I also heard that all worries start after :D :D :D .... until :D



harvinder said:
but let me know the adress and I will send a gift.
Click to expand...
Plz also post it online so we all download it:D


Good Luck
 
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Kinda similar situation

My 485 was filed early last year and i got an rfe last month. My fp was done some 9 months back. i hv to respond to rfe before end of jan. now i went to india for 2 weeks and got engaged and married. i am planning to bring her here in h4. but i am not even getting appointments till feb. i am afraid if i respond to my rfe i may get approved.

i am already married now, but i have to bring her here to add her in gc.
what do you guys suggest? what all she has to bring and do (medical...) to be added to gc?

pl advice.
 
kshathrya said:
My 485 was filed early last year and i got an rfe last month. My fp was done some 9 months back. i hv to respond to rfe before end of jan. now i went to india for 2 weeks and got engaged and married. i am planning to bring her here in h4. but i am not even getting appointments till feb. i am afraid if i respond to my rfe i may get approved.

i am already married now, but i have to bring her here to add her in gc.
what do you guys suggest? what all she has to bring and do (medical...) to be added to gc?

pl advice.
Click to expand...

Do your best to bring here here before ur approval on any visa.

His case was different because marriage sweet-accident( :D :D ) accured after he got approval, You are lucky that u have married before approval, keep all proof that u did married before ur approval, even incase bad-luck and visa is not issued somehow and meanwhile u get approval notice, u can file 'following to join' by filling I-824 read more

http://uscis.gov/graphics/howdoi/Appproc.htm#Following

http://www.twmlaw.com/resources/general25cont.htm

http://boards.immigrationportal.com/showthread.php?t=96693


Once u get approval its 12 months story, depends, but as soon u get stamp I-155, file immidiately 824, get receipt, send all copy I-155 with all pages+824 and all other doc to consulate where she lives, so atleast they can create case for her, and this way u will save lot of time


does it help?

Good Luck
 
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