I-140 approved, How soon I do the I-485 filling? How about Marriage?

R

Reza-EB2 NIW

Registered Users (C)
Folks,
I got the e-mail approval for EB1-EA I-140 yesterday. I have a quick question about filling for I-485. I am not from retogessed countries. At this momemnt I am single, but I am thinking to get married soon (maybe next 3 months). Do you think it is better to file for myself now or it is better to file for my wife and myself at the same time? How much time will I have to file for I-485? I will appreciate if anyone has any input on this.

Thanks,
Reza EB2-NIW
 
I would say first get married then apply. I have heard about all sorts of complications bringing the spouse on green card if not added at I485 stage.
Anyways you are not from retrogessed country so you should be fine.
Even for retrogressed country it is current.


Reza-EB2 NIW said:
Folks,
I got the e-mail approval for EB1-EA I-140 yesterday. I have a quick question about filling for I-485. I am not from retogessed countries. At this momemnt I am single, but I am thinking to get married soon (maybe next 3 months). Do you think it is better to file for myself now or it is better to file for my wife and myself at the same time? How much time will I have to file for I-485? I will appreciate if anyone has any input on this.

Thanks,
Reza EB2-NIW
Click to expand...
 
Get Married Now

It is better to get married and apply. Is your spouce in US already? If not when you go to get married, do you have a visa to come back?
 
One quick word of caution though: Do not take the fact that your country will stay 'current' for granted. EB-2 is current worldwide for now, but it cannot be assumed that it will stay that way, especially with more and more categories opening up for premium processing and labor certification getting faster.
 
Thanks for the notes. My future wife is living outside of USA. I was thinking to come back with Advanced Parole. While the I-485 is pending can I add the name of my wife to it? or it must be entered during the I-485 filling?

Thanks for the inputs,
EB2-NIW
 
Not possible

Reza-EB2 NIW said:
Thanks for the notes. My future wife is living outside of USA. I was thinking to come back with Advanced Parole. While the I-485 is pending can I add the name of my wife to it? or it must be entered during the I-485 filling?
Click to expand...

You do not add her name; she files her very own I-485. However, I-485 is for those who want to change status in US to that of permanent resident. Consequently, only a person who is ALREADY in US can file I-485; so to file I-485 she will have to enter US somehow. AP is not an option because it requires pending I-485.

Do you have H-1? If yes, she can get H-4, enter with H-4, and file I-485. If no, she is not likely to be able to enter US to file I-485, because most other visas imply non-immigration intent. She will have to do consular processing in her country once your I-485 here is approved. Other option for her is to get her own H-1, come on it, and file I-485.

This topic is relatively well-covered on this and other fora. It is generally advisable to maintain H-1 if you are single and plan to marry before green card; otherwise, there is no good way to bring your spouse to US to file I-485 for her.

/dzxing
 
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