**Gurus Need Help: Getting Married during 485 **

S

saching_usa

Registered Users (C)
Hi Gurus,
Need Help please !

My GC is in 485 stage and I am visiting India to get married. I have a few questions.

** Initially I had thought to use my Advance payroll to leave/re-enter the country, and Bring my wife on H4. **

BUT !!

My Lawyer tells if I use my AP then my H1 will not be valid anymore, and getting wife on H4 is ruled out. So I should travel on H1 and get the wife back on H4 itself. Is that true?? How can I just travel on H1 visa if my application is in 485 stage.

What procedure should I follow .. please advice. And what all documents I need to carry ?

Thanks
 
>> How can I just travel on H1 visa if my
>> application is in 485 stage.

No Problem at all. If you have a valid H1 visa,
you can come back on H1 *EVEN WHEN* you have a
AOS application pending.

Ramakriya
 
One can travel on H1 even though they have filed for PR (there is a law). The best thing to do in your situation is:

1. Get the I485 receipt from your lawyer and carry that with you. If an immigration officer asks you about your pending I485, you can show this (most of the tim, they won't ask).
2. Enter US using your H1.
3. Get your spouse on H4 (preferably with you) and file for her I 485.
4. Wait wait wait and wait. One fine day, INS might start approving 485's :)

Hope this helps.
 
Thanks a lot : Still a Question

ramakriya , Grassisgreen .. Thanks you so much

If I can travel oh H1 visa, then why do we apply for AP at all.
What is the difference in traveling on AP and H1 visa if 485 application is pending.

Oh .. still a question ** ?? Should the Last name of my spouse be the same as mine on her passport .. Or it can be different ? ..

Thanks for your help :)
 
Last edited by a moderator:
I am junior member of this forum but as far as I know AP gives the flexibility to enter US without having a valid visa stamp in your passport, You can avoid the hassles of getting visa stamped at US consulate in India if you have AP.
Disadvantage is AP needs to be renewed every year and one needs EAd also if one has to work.
 
You need to show and use your H1 in the consulate to get a H4 for your spouse. So once you get your H4, you have two options 1. You can enter using AP. 2. You can use your H1 to enter. In both of these scenarios, your spouse will be entering using H4.

If you use AP and enter US, you need to have EAD and use it for work. What your attorney told is correct. If you use AP, you are no longer in H1 status.

So better come on H1 status. Once you know your H1 is expiring then shift to EAD.
 
Using AP does not mean that H1 gets cancel, Normally AP is used when you don't have valid H1 since in this case you have valid H1 so why to use AP. But as grassisgreen said have AP also but do not use unless and until INS officer at port of entry ask for it.
Best option would be Using you vild H1 get H4 for your would be wife. Come both of you to US and apply 485 for her too ASAP. But a second option have AP with you.
**********
If you use AP and enter US, you need to have EAD and use it for work. What your attorney told is correct. If you use AP, you are no longer in H1 status.
**********
I am not sure if somebody is having valid H1 visa why INS would ask to use AP, and if use of AP will cancel the H1 ?
If INS cancels the H1 then in that case H4 gets invalid by itself so she can not enter USA on H4.
 
Thank you guys, your comments are a great help.

Also please guide me about the same question I had asked earlier about : Can my spouse last name be different from my last name for Passport/ H4 visa and Green card.

Lately there has been some confusion atleast within my friend circle, a few of them say that some new immigration rule says that last name of wife should be the same as mine. If she had a passport already made with her earlier last name then get it converted to my last name.

Is it True .. or just another rumour.

:)
 
It is better to have the same last name but it is not mandatory. Otherwise also if you have the same last name it would be easy to avoid unnecessary question
"Why you both does not have the same last name?"

So if it is possible than get it change since in INDIA it can be done with in few bucks and jack but once you come here it would be very difficult to get it change.

Good luck.
 
Yes. Use of AP will cancel your H1. When you use AP, you do not get I-94 which mentions your status and the valid stay period. Once you do not get I-94, your status is not H1 status but AOS because of using AP. I have explained more about this situation on other threads.

Your wife's last name need not be same but better if same. All you need to do is to show the marriage ceritificate and start using your last name from the start after entering US. At the port of entry, tell the immigration officer about this and he will write your last name as her last name on the I-94 itself. You can fill it yourself but in case u have a doubt, leave it and tell him. Basically when you go for applying license, Bank acct.. etc show them the passport and marriage certificate and they will allow your last name entered as her last name. That is not a problem. However you can change it in the passport by going to local Indian Consulate where they do name change.
 
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