H4 / I 485

[spawar_1975]

Hi Guys,

Need your advise, this is driving me nuts.

I am one H1b it will get expired on June 2009 (Completing 5 Years) and

have applied for I-140 and I-485 in July 2007, I have NOT applied for EAD and Advance Parole, will be getting married on Nov 2008 should be getting wife on H4 Visa in Dec 2008 / Jan 2009, which is the best option for me to keep her with me in the USA without facing any problems.


regards
Santosh

 

[v_atray]

What is your priority date? If it is not current, then you cannot file I-485 for your wife. You will have to bring her in on H4 visa. When your priority date becomes current, you can file I-485 for your wife. Consult with a good lawyer because you have to make sure that when your priority date becomes current again, your wife's application Green Card application gets to USCIS quickly before they process and approve your application for green card.

Check out the following link for more details: http://www.murthy.com/news/UDmar485.html

 

[Jackolantern]

Consult with a good lawyer because you have to make sure that when your priority date becomes current again, your wife's application Green Card application gets to USCIS quickly before they process and approve your application for green card.

That's not really a problem, because if the marriage already existed before the green card was approved and she is already in the US with an H4, the I-485 can still be filed for her. But it is still important to be ready to file the I-485 quickly, because retrogression may kick in and block the ability to file for a long time.