I 485 before marriage

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palobuddy

Registered Users (C)
My company is filing my labor in EB2 this month. I hope that I would get it soon.

My priority date has always been current(before this recent change for other dates) so I can file my I 140 and I 485 combined.

Some body told me that I need to put wife's name in I 485 other wise she would not get green card. Is that right ?? I am not married not even engaged and was planning not to marry or get engaged for next 2-3 years.

Can some body please clear/explain me the rules regarding this. At what stage, I need to put my wife's name in application ??

Thanks
 
Thanks alot. Do you have any idea how long does it take to get approval of I 485. If they take 6 months to approve then it means that I should get marry n next 4 months ...
 
See Processing Dates for Nebraska and Texas service centers. These dates are subject to constant change. As for wife-shopping, I'm afraid we can't help you with that on this forum :)
 
Thanks JK for reply, if only I could do wife shopping :-).

How can I see the processing dates fo CA as I am in CA. Pardon my ignorance. Please help this single guy
 
Employment based AOS is filed only in Nebraska.

Your 485 can't get approved before approval of I-140 which takes 6-10 months in regular processing nowadays. Only After 140 approval and background check clearance, you can get I-485 approved.

You can add your wife anytime before your I-485 approval to your case and she can come join you on H-4 visa.

You can file I-140 now and can file 485 at a later date too. However, it will delay your name check submission to FBI which itself may take long as you are from Iran.

Hope this helps.
 
Thanks all for replies.

Since I can apply I-140 and I 485 together, I can assume that I 140 will take 6 months to one year. So processing of both will continue in parallel or I 485 will start once 140 is done.

If they start in parallel then in ideal case, I should have both in one year, right ??
 
Once you file 485, Your Name Check and Finger Prints process initiates. Thus if everything gets cleared within 3-4 months and your 140 is approved your 485 becomes ready for adjudication.

The whole process may take 3-4 months to 4-5 years. Also, It will take about 2 months from now for you to file and receive a case receipt as you have not even filed your labor yet.
 
Thanks Prg. I would be filing my I 140 and I 485 combined for myself.

Now there is a deliemma. I need to travel before approval of my I 485 to get marry to put my wife's name in Green Card. So If I apply for advance payrol at time of I 485 and as you said that it could take 3-5 months(at least) to get that. But if I am waiting for that and my I 485 gets approved(got lucky) before that then I would be in big problem.

So My questions are

Is there any way to get advance payrol via expedited process in 1-4 weeks ?

Can I work on Advance payrol once I return from home country in 2008(my H1 would be valid till 2009)

Thanks a lot in advance.
 
You are confusing yourself. How do you intend to get her into the United States? She cannot file for I-485 unless she is physically present in the United States.
If you have valid H-1B, that means that once you get married, she can obtain an H-4 visa. This will allow her to join you in the US, after which you can file I-485 for her. You don't 'add' her name to anything, you just apply as a derivative applicant.

Lastly, if you have a valid H-1B visa in your passport, and she has a H-4, you guys do NOT need advanced parole. This is an exception granted to H-1B visa holders.

I assume you already have a person (girlfriend) in mind who expects a proposal, correct? You are not giving yourself a headache over a hypothetical situation, right??? !!
 
Sorry JK if I was not clear. I am from Iran and I donot want to wait for H1 stamp once I leave the US. They could take 3-6 months for security clerance so my timely return is dependent on advance payrol(AP) so that I do not need to get H1 stamp on my passport.

And I need to travel to Iran to get marry and for timely return I need AP and for that I need to apply for I 485. If I apply for I 485 and wait for AP then my I 485 could be approved before the arrival of AP and I won't be able to travel. I can always travel but it would be risky.
 
It is highly unlikely that a I-485 will be approved before you get your AP. If your I-485 goes to Nebraska, it will take quite a while, especially as you still have to get your I-140 approved. If you want to delay your I-485 approval, just don't apply for premium processing until after you get your AP, go home, and get married. Then once you both are in the US, you can file for premium processing (if eligible), and hopefully the I-140 will be approved within 15 days and the I-485 a number of weeks (or months) after.

You are also not clear on how you expect to file I-485 for your future wife if she is not in the US. There is no such thing as "adding" a wife's name to I-485; she has to file her own I-485 and for that she must be inside the country. How is she going to come if not on H-4?
 
JK What I meant that once I file my I 485 and travel on AP and bring my wife here on H-4 then I could apply for her I 485. Is there any problem with that ? Do I have to apply for her I 485 at same time as mine ? I thought that before my I 485 is approved, I could apply for her I 485 and then they both will be approved at same time.

Please let me know if I am assuming some thing wrong.
 
palobuddy said:
JK What I meant that once I file my I 485 and travel on AP and bring my wife here on H-4 then I could apply for her I 485. Is there any problem with that ? Do I have to apply for her I 485 at same time as mine ? I thought that before my I 485 is approved, I could apply for her I 485 and then they both will be approved at same time.

Please let me know if I am assuming some thing wrong.
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Only thing you have to remeber is Marriage needs to be happen before the approval of I-485.
If you are still on H1 you can bring her on H4.
In case your I-485 gets approved you can bring her using CP provided your priority dates remainss current.
 
Question regarding CP

number30 said:
Only thing you have to remeber is Marriage needs to be happen before the approval of I-485.
If you are still on H1 you can bring her on H4.
In case your I-485 gets approved you can bring her using CP provided your priority dates remainss current.
Click to expand...

Hi I'm reading your post and wondering what 'CP' is, because I'm ready to file my I-485 but my husband is not. I assume he can apply once his situation allows it anytime before my 485 approval. But if my 485 gets approve, can he still apply? Thank you for your attention and help in advance!
 
confused with marriae and 485 issues

hello every one,

i am new to this and the question i am asking must be repeated over and over again, since you are better educated in this matter hope some one will help.

scenario:labor and i-140 approved,can apply for 485.
wedding fixed in november.

is it advisable to apply for my 485, and once my wife comes here in november,file her 485, or should i wait till november to apply.

i understand she has to be physically present in US to apply for her 485, i can travel and do a register wedding and have a marriage certificate, will that be of any use if she is not here
 
palobuddy said:
What do you mean ? If I apply for I 485 and get advance payrol, won't I be any more on H-1 ???
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So long as you stay in the US, yes. But once you leave and re-enter the US using AP, things get interesting. The Cronin Memorandum says that you can return back to your employer and still work based on your old H-1 status. But your I-94 will NOT say H-1 on it, it'll say parolee.

Here's what I'm afraid is going to happen. You leave the US, get married and your wife applies at the consulate for H-4 status. They ask if you have an H-1 visa and she says no. They deny the H-4. The other possibility is that you arrive in the US, you attempt to enter on AP and your wife on the H-4. The POE officer denies your wife entry, since you are not in H-1 status, but you're a parolee.

Really, your best option is to get an H-1 stamp at the same time she gets her H-4. It eliminates a lot of risk and uncertainty.
 
TheRealCanadian said:
Really, your best option is to get an H-1 stamp at the same time she gets her H-4. It eliminates a lot of risk and uncertainty.
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...and to follow up on that, some consulates will allow you to apply in advance. What I have been able to do in the past is to fill out my visa application form here in the US online, and email the generated PDF to relatives in my home country along with scanned (clear) copies of my passport data page, previous visas, visa eligibility form, and all other necessary evidence. My relatives then printed everything and forwarded the material, along with the visa fee (which of course I reimbursed them for later) and a photograph to the consulate. This allows the consulate to begin the visa application process and security check. In my case, I did all of this one month before I traveled back home myself. 2 weeks after I arrived, the security clearance came through and I was able to schedule an interview at the consulate and get my visa stamp the same day.

I realize that you may have to go to another country (I don't know where Iranians get their US visas) but perhaps you can devise a similar mechanism. As Canadian said, this is really your safest option.

As a backup (for yourself only, not your wife) if your application process stalls or fails, you can obtain your advanced parole document before you leave the US and keep it with you - just do NOT use it to enter the US unless you absolutely have to, i.e. if your visa cannot come through. This will save your butt, but your wife will be out of luck. Of course, this assumes that you file I-485 before you go, concurrently with I-131.
 
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