Gurus please help, unique 2nd FP situation

T

tihomg

Registered Users (C)
Please help and advise, I am desperate.

I am an Indian citizen working on H1B. I had employment based EB3 green card applied couple of years back. My I485 was applied in CSC
june 2002 WAC-02-212-xxxx. My fingerprints expired and I was scheduled
for second fingerprint on july 8, 2004. However realizing that I can expect green card soon after second fingerprinting given the approval rates, and
the fact that I am single and hoping to get married to a girl in India soon, I delayed my second FP, first by writing to USCIS to reschedule and second time by going to application service center and requesting them to reschedule because of a cut on my thumb. They had given me time till oct 8th (I havent had my fingerprints taken yet and only hope my case is not
abandoned but I am currently planning on getting second FP done on oct 7th), however I am still not married and very likely to get married end of october, my date of marriage is constrainted both because of
shradh season and non-availability of visa appointment. I am scared that if I get FP done on oct 7th, my GC may get approved before my marriage date,
or it may get approved before I get visa at delhi consulate, or in any case if it gets approved before I enter US with my wife, I am scared about her legal
status because she will be H4 derivative of my H1 which will be invalid from the day I get GC approved. I am depererately seeking your help, please advise on what I should do in the current circumstances and save
both my green card and marriage. Please help asap.

thanks in advance
 
Last edited by a moderator:
tihomg said:
Please help and advise, I am desperate.

I am an Indian citizen working on H1B. I had employment based EB3 green card applied couple of years back. My I485 was applied in CSC
june 2002 WAC-02-212-xxxx. My fingerprints expired and I was scheduled
for second fingerprint on july 8, 2004. However realizing that I can expect green card soon after second fingerprinting given the approval rates, and
the fact that I am single and hoping to get married to a girl in India soon, I delayed my second FP, first by writing to USCIS to reschedule and second time by going to application service center and requesting them to reschedule because of a cut on my thumb. They had given me time till oct 8th (I havent had my fingerprints taken yet and only hope my case is not
abandoned but I am currently planning on getting second FP done on oct 7th), however I am still not married and very likely to get married end of october, my date of marriage is constrainted both because of
shradh season and non-availability of visa appointment. I am scared that if I get FP done on oct 7th, my GC may get approved before my marriage date,
or it may get approved before I get visa at delhi consulate, or in any case if it gets approved before I enter US with my wife, I am scared about her legal
status because she will be H4 derivative of my H1 which will be invalid from the day I get GC approved. I am depererately seeking your help, please advise on what I should do in the current circumstances and save
both my green card and marriage. Please help asap.

thanks in advance
Click to expand...


Its a trickt situation and I would hate to be in this situation.

Here is what I would do...get FP done on Oct 7 and leave
for India in Oct 3 rd week. I dont expect to get 485 approved
within 2 weeks on FP2. Its has to go through FBI and then to USCIS.
Also I dont think any US consulate in India will be immediately
notified of ur 485 approval for ur wife's H4 to be an issue.
Have ur employers letter and other h4 documents and schedule
her H4 appointment ASAP. get married in court first, get marriage
certificate and go for that interview. U can do traditional marriage later.

By the way let me wish u best for ur better half. I'm myself
getting married in Nov :)
 
have visa aptmt scheduled for oct 26th

thanks fast_gc_seeker and congrats for your wedding, I am planning to execute as per your advise, but still I am not sure about my wife's legal status after he enters on h4 (hopefully) and then soon after my GC gets approved?? do i have to get her dependent I485 applied before my approval or can that be done later??
 
tihomg said:
thanks fast_gc_seeker and congrats for your wedding, I am planning to execute as per your advise, but still I am not sure about my wife's legal status after he enters on h4 (hopefully) and then soon after my GC gets approved?? do i have to get her dependent I485 applied before my approval or can that be done later??
Click to expand...

her 485 application must be done before ur 485 is approved.

remember ur h1 and her h4 will be immediately invalid after ur 485 approval.
situation will be interesting if she is on H4 status on lets say day 1
she is in US and next day ur 485 is approved. I dont have any
idea about her status once ur 485 is approved and u've not applied
for her 485. Its an open questions to all visitors of this thread.
Guys any comments? what will be his wife's visa status?
 
Please advise

Dear Fast_GC_Seeker,

I had my Labor approved recently from Boston and in the process of concurrent filing for I-140/485 from VSC any time soon. I see you have applied form VSC in the end of Aug and have received your EAD & AP I just was curious to check how long is it taking these days to get the I-140 approval and FP Notices form VSC.

I'm asking you this because My wife plans to travel to india for 3 months, if I apply for I-140/485 and get FP notices within the next 3 months my wife would not be around so is it advisible to wait until my wife comes back or apply and ask my wife to come by FP date if it comes within the next 2-3 months.

Thanks in Advance!
 
CaliGC said:
Dear Fast_GC_Seeker,

I had my Labor approved recently from Boston and in the process of concurrent filing for I-140/485 from VSC any time soon. I see you have applied form VSC in the end of Aug and have received your EAD & AP I just was curious to check how long is it taking these days to get the I-140 approval and FP Notices form VSC.

I'm asking you this because My wife plans to travel to india for 3 months, if I apply for I-140/485 and get FP notices within the next 3 months my wife would not be around so is it advisible to wait until my wife comes back or apply and ask my wife to come by FP date if it comes within the next 2-3 months.

Thanks in Advance!
Click to expand...

There is no fixed time period for 140 approval. You can say anywhere
between one month to 10 months. FP1 dates also depends. Check the FP forum for details. I would say anywhere between 2 months to 6 months for
FP1.
 
What I would do is!!!?!?!

Get my finger prints on 7th Oct, talk to my lawyer about the procedure for applying for my spouse's I-485 and get all the information and documents ready, get the appointment for H4 visa stamping, get married in court and get H4 stamping. Arrive here and immediately on the next day send the papers for my spouse's I-485 to USCIS.

Good luck!!
 
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