how much do i have to sponsor future wife?

M

mo82

Registered Users (C)
dear all
appreciate any help here since i am new to this forum and still learning my way, i am a computer engineer (eb3, home country: Iran)
i have been on H1B since 2003, Nebraska service center

i applied for i140 last summer, then applied for AP,EAD and i485 11 days later(dates below)

Now to the real dilemma, my girl friend and I are planning to get married sometime next summer (around June 2009) after she graduates from college
And she wants to come to the US to complete her Graduate dental studies, I want to sponsor her to bring her over here, now since I already applied for

I140 (still pending received by USCIS on 7/11/07, substitute labor with priority date of June 2004 if I recall correctly)

and then the I485 (still pending received by USCIS on 09/27/07))
both EAD and AP were received on October 2007, feb 2008 receptively

I recently travelled outside the US on AP document (that means I forfeited my H1 status right?)

Q1) what is timeline for me to bring her over here and sponsor her ? what is the possibility that my I485 application would get approved before our anticipated date of June 2009?

Q2) can I amend my I485 before/after its approved and sponsor her once we get married in June or that would be too late?

Q3) Is the name check before or after the i485 is approved? since i am from iran is it safe to assume it may take longer and this will delay my i485 (and benefit me ??)

Q4) Is it true that once i485 is approved, u have 30 days to sponsor ur wife? if thats the case and we need to rush things and we can get married right away (we wont have a wedding party and nice pics :-( ) all i need is marriage certificate right?

Q5) she plans to come here in may to take some placement tests, if we get married in vegas and we get a marriage certificate would that work? or it needs to be done in the home country (iran)?

I know it hard to exactly predicate these dates and answer all my questions, I am just trying to get a rough estimate so we can plan accordingly and familiarize myself with the process/consequences

or in the worst case scenario we have a plan B (if any)
thx all
 
mo82 said:
dear all
appreciate any help here since i am new to this forum and still learning my way, i am a computer engineer (eb3, home country: Iran)
i have been on H1B since 2003, Nebraska service center

i applied for i140 last summer, then applied for AP,EAD and i485 11 days later(dates below)

Now to the real dilemma, my girl friend and I are planning to get married sometime next summer (around June 2009) after she graduates from college
And she wants to come to the US to complete her Graduate dental studies, I want to sponsor her to bring her over here, now since I already applied for

I140 (still pending received by USCIS on 7/11/07, substitute labor with priority date of June 2004 if I recall correctly)

and then the I485 (still pending received by USCIS on 09/27/07))
both EAD and AP were received on October 2007, feb 2008 receptively

I recently travelled outside the US on AP document (that means I forfeited my H1 status right?)
Click to expand...
Marry your girlfriend as soon as possible. If you are married before your I-485 approval you can then file follow to join for her. Also you can reinstate your H1 status ( file change of status petition) and bring your wife on H4 if you are married and your 485 is still in process.
If you are married after your 485 approval - you are out of luck. Wait time is around 5 years, at this time you will be able to apply for citizenship.
 
well we cant now, she is still going to school and i got no vacation time
and her parents wont let it happen till summer
what are my chances judging from the timelines and the historic uscis processing times?
thx
 
dear all
appreciate any help here since i am new to this forum and still learning my way, i am a computer engineer (eb3, home country: Iran)
i have been on H1B since 2003, Nebraska service center

i applied for i140 last summer, then applied for AP,EAD and i485 11 days later(dates below)

Now to the real dilemma, my girl friend and I are planning to get married sometime next summer (around June 2009) after she graduates from college
And she wants to come to the US to complete her Graduate dental studies, I want to sponsor her to bring her over here, now since I already applied for I140 (still pending received by USCIS on 7/11/07, substitute labor with priority date of June 2004 if I recall correctly) and then the I485 (still pending received by USCIS on 09/27/07)) both EAD and AP were received on October 2007, feb 2008 receptively

Getting married before or after I-140 approval doesn't affect whether you can sponsor your wife or not. The timing of your marriage in the context of I-485 approval definitely governs when can you sponsor her.

I recently travelled outside the US on AP document (that means I forfeited my H1 status right?)
It's not leaving US having AP in hand that forfeits the H1 status. It's when you use it to enter US. Essentially your status is determined by the classification of visa that you present at the port of entry. AP puts you in parolee status untill you I-485 is approved. You can reinstate H1 status but research this as it may be tricky.
Q1) what is timeline for me to bring her over here and sponsor her ? what is the possibility that my I485 application would get approved before our anticipated date of June 2009?
You need to be married BEFORE the I-485 approval. It's possible that you case could be adjudicated any minute because posted processing times are not always reflective of the true processing order. There's no reliable way to predict the time of approval so I would act accordingly.

Q2) can I amend my I485 before/after its approved and sponsor her once we get married in June or that would be too late?
You don't really need to amend the I-485 before approval if you get married before the I-485 approval. You need to be married before the I-485 approval if you want her to join you in near future (roughly few months after your I-485 approval). But if you get married after the I-485 approval, your wife will fall under a different category F2A I think. That category is horribly backlogged and average wait could be 5 years or so. After the I-485 approval, there wouldn't be any point in amending it.

Q3) Is the name check before or after the i485 is approved? since i am from iran is it safe to assume it may take longer and this will delay my i485 (and benefit me ??)
Name Check is initiated after the I-485 application is received by USCIS, usually within two weeks or so. Now (after Feb., 2008 USCIS memo), USCIS doesn't have to wait for name check for more than 6 months. If after six months your name check is still pending, your I-485 could be approved if it is approvable. So name check delay will not help you buy more time.

Q4) Is it true that once i485 is approved, u have 30 days to sponsor ur wife? if thats the case and we need to rush things and we can get married right away (we wont have a wedding party and nice pics :-( ) all i need is marriage certificate right?
No, but let me explain. If you wife was already here in US on H4 and you never applied for her I-485. After you I-485 approval, She can still apply for her AOS under http://www.murthy.com/adjsta.html
Let say you I-485 gets approved and you were married before the I-485 approval, you have life time to apply for her permanent residence/immigrant visa.
Q5) she plans to come here in may to take some placement tests, if we get married in vegas and we get a marriage certificate would that work? or it needs to be done in the home country (iran)?
A marriage is a marriage no matter where it's done as long as it was entered into good faith. It doesn't have to be done in your home country.

or in the worst case scenario we have a plan B (if any)

She may have to qualify for visa to come to US on her own if you got married after your I-485 approval until she gets her green card through F2A category which would require her to wait for 5 years or so.
 
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thx for the detailed and informative reply, I guess i can pray and hope to get lucky
since its out of my hands and i already enetered the country on the AP, is restoring my H1b status a viable option? how long is the process and what are the risks?
thx
 
Reinstate H1b, h1b/ap is interchangeable, get married, file H4 for your wife, when she comes here, if priority dates are current for your country of chageability, then file her I-485
 
hey guys,
thx for your reply, so after much reading, so I should leave the US and get a h1b/h4 stamp with my wife beofre or after I485 is approved (if after I485 is it too late)?? then if my H1b takes time to process i can still enter the country on my valid AP?

btw my H1b is valid until 2010 (i started my h1b in 2005)
thx
Mo
 
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