I-485 and Marriage

S

srinireddydgl

Registered Users (C)
Hi All,
My I-140 Got Approved

My I-485 is Pending.
I am not married yet and planning to go to India and Get Married.

I would also like to include my Spouse in I-485 application.
Let's say if i go to India and get Married, Until when can i add my Spouse to
the GC Application.

If i get married and it will take some time to come back and for my spouse to
appear
at the consulate and get H-4. What happens if my I-485 gets approved in that
meantime?

Technically i am EB3, with Priority Date 2004, so i know that i have long wait,
But just to clear
some doubts for my family, i need these answers
 
Same here

Man, iam in the same boat here. 140 approved, 485 pending, FP done and i dont have any clue now, i dont know whether i have enough time to marry someone from india and bring here or i have to start looking here etc..please pm me and we can keep in touch ....
-GcFeb05..

-
EB2 VSC (Subs Labor)
140/485/EAD - RD:02/22/05 ND:02/28/05
EAD - AD:03/29/05
FP - 04/16/05 -Done.
140 - AD:04/18/05.
485 - LUD 04/18/05, 04/19/05.
 
First, the most important point, you have to get married before your I485 approval to make her eligible for employment based GC (either I485 or consular processing). If you get married after your I485 (i.e. your I485 get approved before your marriage date), she won't be eligible for employment based GC anymore. In that case it will be family based GC which has atleast 5+ year waiting.

srinireddydgl said:
I would also like to include my Spouse in I-485 application.
Let's say if i go to India and get Married, Until when can i add my Spouse to
the GC Application.
Click to expand...

If she can enter using her H4, you can apply for her I485 anytime - either before your I485 approval or after your aproval. Keep in mind that if she cannot enter USA with H4 visa before your I485 approval (after your I485 approval she is not eligible for H4 visa or her H4 visa becomes invalid if she already got one), she cannot apply for her I485 anymore (because one has to be present in USA to apply for I485). In that case, she has to opt for consular processing. Depending on the country, follow-to-join consular processing has waiting about 4 months to 1 year.

srinireddydgl said:
If i get married and it will take some time to come back and for my spouse to
appear
at the consulate and get H-4. What happens if my I-485 gets approved in that
meantime?
Click to expand...

If you were married before your I485 approval, but she is unable to enter USA with H4 before your I485 approval (due to delay of getting visa in consulate), she has to go for consular processing.
 
Last edited by a moderator:
485 marriage!

pralay,

This is very clear man, which USCIS website your referred. Please let me know if you have any proof because my case is now very close to call. Thanks -GcFeb05
 
GcFeb05 said:
pralay,

This is very clear man, which USCIS website your referred. Please let me know if you have any proof because my case is now very close to call. Thanks -GcFeb05
Click to expand...

There are ample information in internet regarding this issue. Just google it.
A few of them:

In murthy.com
Marriage and I-485 Issues
I-485 Processing Times Vary (check section "Marriage and Faster I-485 Approvals")

Some others:
http://www.bharatmatrimony.com/consult/immigration/immigoct182004.html (read question 1)
http://www.foreignborn.com/visas_imm/immigrant_visas/marriage/6app_spouse.htm#3 (read section 3)
 
GCFeb05,
What was the PD for your sub labor?
How long do you think you have before your 485 gets approved?

I am in a similar case as your but under Eb3.
 
GCqueries,

My PD is June2001. It is difficult to predict but if there are no issues i think i have 4 to 6 weeks time.. key is 140, mine is approved. what is ur eb3 PD? keep in touch..send other details of ur case..

GcFeb05
 
GCFeb05,
I am using a EB3 sub labor with PD June 2001
140 RD: Jan 2005
485 RD: Mar 2005
FP Interview: 4/30 (Planning to postpone it to buy more time before 485 is approved)
I am expecting my 140 to be approved anytime in the next 3-4 weeks.
I need 3-4 months atleast before I would like my 485 approval.
Trying to see if I can get any time estimates on this forum.
 
srinireddydgl said:
i heard we can file for i-824 and that way even after gc approval spouse can enter U.S.
Click to expand...


But only thing marriage date should be before the I-485 approval. One of my friend got married just week before his CP interview. Bombay consulate stamped his passport and asked his wife to come after one month. She came to US with stamp.

If you are here you will apply for I-824
 
Confusion

Let's say we got married and we are still in India
and after that if 485 Gets approved
Can we still come here and apply for I-824?
 
srinireddydgl said:
Let's say we got married and we are still in India
and after that if 485 Gets approved Can we still come here and apply for I-824?
Click to expand...

Not "we", you. Your wife will need to stay in India until she gets her immigrant visa.
 
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