Help...EAD/AP before marraige. Can I get my wife here.

T

thunderstruck

Registered Users (C)
Hi there,

I have filed for I140 recently and have filed for I485, EAD and AP this week. I am not married yet. I had a few questions regarding this. Can somebody answer these for me please.

1. How late can I include my spouse into my petition, is it any time before my I485 is approved(even if my EAD and AP are approved and my fingerprinting etc is done)?
2. With concurrent filing, is it possible that my EAD is approved before my I140 is approved. How does the "180 days since I485 receipt date" thing apply in case of concurrent filing. Is it 180 days after my I140 is approved?
3. Once my EAD is approved, since I ll not be on H1, if I leave the country with AP and get married, is there any visa that my spouse can come to the US on(since H4 would not be possible then).

Thanks
Thunderstruck
 
Originally posted by thunderstruck
Hi there,

I have filed for I140 recently and have filed for I485, EAD and AP this week. I am not married yet. I had a few questions regarding this. Can somebody answer these for me please.

1. How late can I include my spouse into my petition, is it any time before my I485 is approved(even if my EAD and AP are approved and my fingerprinting etc is done)?
2. With concurrent filing, is it possible that my EAD is approved before my I140 is approved. How does the "180 days since I485 receipt date" thing apply in case of concurrent filing. Is it 180 days after my I140 is approved?
3. Once my EAD is approved, since I ll not be on H1, if I leave the country with AP and get married, is there any visa that my spouse can come to the US on(since H4 would not be possible then).
Click to expand...

Thunderstruck,

Heres what I know about getting married while GC is in process:
1. If you file for AOS before you are married, and then marry within the
first 4 months of your AOS processing, you need to be sure you have and
keep a valid H-1B visa and status during that period.
2. If you marry after AOS is filed but before it is granted [and no one
knows when that will be, but marrying within 4 months of filing is
generally safe] and you have a valid H-1B still during all that time,
you may marry overseas, your spouse can obtain an H-4 visa, enter the
U.S. with you, and then file her own AOS.
3.Your spouse's AOS will then "catch up" to yours, and you can expect
the two cases to be processed together
4. If you do not marry until after your AOS is approved, your spouse
cannot "join" your AOS, but must be separately petitioned for by you,
under a "family based" classification available for permanent residents
who want to immigrate their spouses.

rgds,
ucn
 
You can be on H1 even if your EAD/AP is/are approved

Thunderstruck,

Based on what i have read from other threads you can still be on
H1 even if your EAD is approved.
Go to Immihelp.com, Click on Adustment of Status(I-485) under
Green Card section in the homepage and then click on
EAD/AP vs.H1.
You H1 status will be changed only when you use EAD to work OR
you use Advance Parole to enter US.

Good Luck
Sept13
 
Thanks sept13 and ucn.

That kind of answers most of my doubts.

So, in essence, once I get my EAD/AP approved, if I dont use my EAD, I can still go out of the country on my H1, which is valid for another 3 years, and get my spouse on a H4 and include her to the AOS petition, right?

Also, Is using the EAD in my hands. I mean, can the companies make you use an EAD once its approved.

In case of concurrent filing, is it possible for me to get EAD before my I140 is approved. And how does the six months since 485 application date thing have effect in case of concurrent filing?
 
thunderstruck

thunderstruck,

I checked with my lawyer on this and I found out that as long as you are not approved for I-485 you can apply for your wife even it is one day before you get your green card. It doesn't matter if you have EAD and AP or if even if your H-1B is expired. The process is easier if you bring your wife on H-4 becasue she will apply here in the states but if you apply for her afte your H1-B expired you have to send her papers to the consulate in your country. I applied for I-485 and EAD and I made sure with my lawyer that I can apply for my future wife before the approval of the Green Card. If you get your green card before you apply for your wife then it will be a problem becasue it would take for ever to get your wife here. My friend is in this situation and wish that he got married before the approval of Green Card. I am positive about this but still I am not a Lawyer and maybe you want to ask one but I did investigate this very good. Check the address before. It took me a while to figure this out. :)

http://pub35.ezboard.com/fisnforumsconsularprocessing.showMessage?topicID=679.topic&index=3
 
It is true that you can apply before you get approved on your AOS - however once you add your spouse to your application - your application is on a hold till your spouce's case catches' up, basically the ammendment to your 140 has to come through.
As far as EAD is concerned, its not necessary that you use that unless your H1 has expired and you company wouldn't extend it. I was told by my attorney that it is wise to have a current H1 till the GC has been recd, I guess would differ on approach each attorney takes.
 
I have EAD/AP before marriage,. My wife has H4.. can she apply for EAD ?

I have EAD/AP and I140 approved and my I485 is applied currently pending . I got married last month, My wife got H4 VISA, can she apply EAD immediately when she come to USA. Is there any requirement like priority date should current to apply her for EAD..

Can somebody answer these for me please?
 
sd28 said:
I have EAD/AP and I140 approved and my I485 is applied currently pending . I got married last month, My wife got H4 VISA, can she apply EAD immediately when she come to USA. Is there any requirement like priority date should current to apply her for EAD..
Click to expand...
Your priority date must be current for her to file an I-485. The EAD application can be filed together with or after the I-485, but not before it. Once the I-485 is filed, priority date movements don't matter for EAD.
 
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