How to keep Spouse in USA and get her GC?

[suryadhama]

Hi..

My Labor and I-140 got approved. My I-485 application reached INS on July 2nd, 9 AM at Nebraska Service Center. I am single right now. My PD is March 21st, 2007.

I understood from the forums that I cannot add my spouse name to my 485application unless my priority date is current again. I don't see myself being married before Aug. 17th, 2007 - no way.

If I get married by end of this year, say December 2007, suppose by then my FP notice hasn't come (or I postpone it even it comes), I can bring her to USA on H4 visa, since I am still on H1.

By April 2008, I convert her H4 to H1 visa. After that, even if my GC is approved, she can still be in USA on H1 right?

How are her chances of her getting H1?
1. Before my GC approval - when I am still on H1, her status still being H4.
2. After my GC approval - since she will be going out of status, she can no longer be H4, since I am not a H1.

Before my GC approval, if the priority date never becomes current, there is no way that I can add my spouse name to my 485 application. How could she get her GC, if she is on a H1?

1. Apply on her own?
2. After I get citizenship, I should apply for a fiancee visa?
3. Any others?

Also, if you have any other suggestion to my situation, please recommend.

Thanks,
Sai.

 

[TheRealCanadian]

I understood from the forums that I cannot add my spouse name to my 485 application unless my priority date is current again.

You never add a spouse to your I-485. She files her own.

If I get married by end of this year, say December 2007, suppose by then my FP notice hasn't come (or I postpone it even it comes), I can bring her to USA on H4 visa, since I am still on H1.

Yes.

By April 2008, I convert her H4 to H1 visa. After that, even if my GC is approved, she can still be in USA on H1 right?

That's correct, except that she doesn't go to H-1 status until October 2008.

1. Before my GC approval - when I am still on H1, her status still being H4.

If she qualifies for H-1 status and a number is available to her, it should be fine.

2. After my GC approval - since she will be going out of status, she can no longer be H4, since I am not a H1.

She will need to leave the US and re-enter.

Before my GC approval, if the priority date never becomes current, there is no way that I can add my spouse name to my 485 application.

If your priority date never becomes current, your I-485 cannot be approved. It is a logical certainty that your prority date will again become current before you are approved, and at that point she can file her I-485, assuming she maintains valid non-immigrant status.