I-485 - adding spouse at a later date

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azzuri

Registered Users (C)
Is it possible to add spouse to I-485 petition at a later date (EB process where I-485 filed concurrently with I-140) ? Are there rules managing at what latest time/event after filing I-485 a spouse can be added to the I-485 petition ?
 
earliest to latest

Can be done beforeI140 approval
Can be done after AP/EAD usage if spouse is already in US. otherwise have to do follow to join.
Can be done before Finger printing notice
Can be done on or after RFE/local BCIS office interview...
Can be done before I485 approval
Can be done before I485 stamping...!!

Only condition is spouse should be in US before all the above.

If not, then the only option is follow to join (if marriage happens before I485 approval) or wait for 5 yrs+ if marriage happens after I485 approval. I485 approval date is the drop dead date.
 
Re: earliest to latest

Originally posted by jaxen
Can be done beforeI140 approval
Can be done after AP/EAD usage if spouse is already in US. otherwise have to do follow to join.
Can be done before Finger printing notice
Can be done on or after RFE/local BCIS office interview...
Can be done before I485 approval
Can be done before I485 stamping...!!

Only condition is spouse should be in US before all the above.
Click to expand...
I think even if your spouse is not in the US after you used your AP you still can apply for a new H1B, get it stamped, bring a spouse on H4 and add her to I485.
Am I wrong here?
 
Re: Re: earliest to latest

Originally posted by sd1975
I think even if your spouse is not in the US after you used your AP you still can apply for a new H1B, get it stamped, bring a spouse on H4 and add her to I485.
Click to expand...

No, you're correct. One other option is to get the spouse in on an H-1 or L-1, which she'd have to qualify for based on her own merits.
 
Re: Re: Re: earliest to latest

Originally posted by TheRealCanadian
No, you're correct. One other option is to get the spouse in on an H-1 or L-1, which she'd have to qualify for based on her own merits.
Click to expand...

So that means that the statement Only condition is spouse should be in US before all the above is not accurate. I would rephrase it other way - the spouse should be in the US in legal status at the moment of adding her to I485.
 
What happens if you use AP and then apply for an H1B, and your visa is rejected. You can still come back on AP, but what are the potential issues and ramifications.

I think even if the spouse is not on a legal status in the US, you can still add her to your 485, as long as she is here.

The ideas of getting H4 and H1/L1 is to bring the spuse here instead of using Follow To Join, because FTJ takes longer time then getting the spouse here on h4 or h1/li

Please let me know what are the issues with applying for H1B and the visa getting rejected. You can still use AP, but what problems can be at the POE and will my status then not be H1?
 
Re: earliest to latest

Originally posted by jaxen
I485 approval date is the drop dead date.
Click to expand...
What's that mean? If I got married after 485 approval, I can't bring her to the States?
 
Originally posted by guju
Please let me know what are the issues with applying for H1B and the visa getting rejected. You can still use AP, but what problems can be at the POE and will my status then not be H1?
Click to expand...

The question is why the visa would be rejected. If the reason for rejection is that you would be generally inadmissible to the US, then you probably won't get back in on AP. However, if you've previously received an H-1 visa stamp for the same employer and it's the one who's sponsored your successful I-140, I don't see much of a problem. The most likely reason for rejection would be missing a critical piece of documentation (I-797, employer letter, etc.)

If you enter using AP, you status will NOT be H-1, it will be a "parolee". The only way you can get H-1 status at the POE is with a valid H-1 visa stamp.
 
Re: Re: earliest to latest

Originally posted by tyzh
What's that mean? If I got married after 485 approval, I can't bring her to the States?
Click to expand...

That's correct. She would have to file under the FB-2 category, which is a wait of 3-5 years until the PD becomes current.
 
Originally posted by guju
Please let me know what are the issues with applying for H1B and the visa getting rejected. You can still use AP, but what problems can be at the POE and will my status then not be H1?
Click to expand...

The question is why the visa would be rejected. If the reason for rejection is that you would be generally inadmissible to the US, then you probably won't get back in on AP. However, if you've previously received an H-1 visa stamp for the same employer and it's the one who's sponsored your successful I-140, I don't see much of a problem. The most likely reason for rejection would be missing a critical piece of documentation (I-797, employer letter, etc.)

If you enter using AP, you status will NOT be H-1, it will be a "parolee". The only way you can get H-1 status at the POE is with a valid H-1 visa stamp.
 
I do know that i can still be on H1 even if i enter with AP
I also know that even after filling for 485, I can still apply for H1, and even though in the visa application form I say that I have applied for AOS, the consulate cannot reject my visa because H1 has immigrant intent.
However, like TheRealCanadian said that it is possible that the consulor may require some document which I may not have at that time, and hence reject my VISA. I still am pretty sure that even if my H1 VISA is denied, I can most probably re-enter on AP. But I am not 100% certain, that is why I asked, and need to verify it from a good attorney.
Thanks
 
Originally posted by guju
I do know that i can still be on H1 even if i enter with AP
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That's incorrect. If you enter with Advance Parole your status is "Parolee", not H-1. If you are a parolee you need EAD to work. If you want to enter in H-1 status, you need an H-1 visa. There is no free lunch.

I also know that even after filling for 485, I can still apply for H1, and even though in the visa application form I say that I have applied for AOS, the consulate cannot reject my visa because H1 has immigrant intent.
Click to expand...

100% correct.

I still am pretty sure that even if my H1 VISA is denied, I can most probably re-enter on AP. But I am not 100% certain, that is why I asked, and need to verify it from a good attorney.
Thanks
Click to expand...

Again, depends on the reason. If there are grounds for inadmissiblity like fraud, then no. If it's insufficient evidence, then you're fine. I wouldn't sweat this too much, if your H-1B case is sound.
 
quote:
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Originally posted by guju
I do know that i can still be on H1 even if i enter with AP

That's incorrect. If you enter with Advance Parole your status is "Parolee", not H-1. If you are a parolee you need EAD to work. If you want to enter in H-1 status, you need an H-1 visa. There is no free lunch.
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No. u can continue on being in H status, even if u enter using AP.
 
Originally posted by badobo
No. u can continue on being in H status, even if u enter using AP.
Click to expand...

Let me ask you the same question I asked someone else.

You hold a 10 year B-2 visa in your passport. You use it to re-enter the US. Can you continue working for your H-1B employer after you re-enter? Of course not.

Why is AP any different?
 
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