I-485 for spouse...

[Inrisk]

Hello,

I have a typical situation here, I applied for my I-485 (ND: Nov 11, 2003). I got my EAD/AP on Sep 2004. I'm planning to get married on Dec 15 2004 in India. The bride already has a multiple entry B1 visa to US till May 2005. So whats the best way to add her in to my I-485 application??

Thanks
Jay

 

[TheRealCanadian]

I got my EAD/AP on Sep 2004.

Do you have valid H-1/L-1 status?

I'm planning to get married on Dec 15 2004 in India.

Congratulations!

The bride already has a multiple entry B1 visa to US till May 2005.

That'll make an interesting souvenier. Since she'll be married to an alien with a filed I-485 (never mind moving to the US to live), she'll have clear immigrant intent and the B-1 is useless.

So whats the best way to add her in to my I-485 application??

You don't add a spouse to your I-485 application. She comes here legally, via an L-2 or H-4 (since you do already have valid H-1/L-1 status, right?), or an H-1/L-1 of her own and then she files her own I-485. If you cannot get her here on an L/H, start searching on the term "Follow to Join".

 

[saf]

just wait for 6 or 7 months then add her to 485. That's what lawyer advised. You better talk to your lawyer. I have seen a case that someone did that and his wife (B2 visa holder) got her green card. They are lucky. But the problem is her I-94 rule is only 6 months. It would be unlikely to extend the I-94 for another 6 months. It is too risky!

or the best way to file consular processing (follow to join) for her while she stays outside USA. or If you have H1 notice or H1 stamp on your passport, then have your wife's passport stamped with H4 at US embassy outside USA or US consulate and bring her to usa and then apply for 485 for her. This is best way!

 

[Inrisk]

thanks a lot RealCanadian and USGC.

I have filed for my H1 transfer and I havent got it approved yet. Can I slow down my I-485 application processing by any way, say for 3-5 months?? Or can I withdraw my 485 application, get my spouse in to US thro H4 and refile my I-485?? what are the complication involved in withdrawing my petition and reapplying it again??

How long does INS normally takes for CP (Follow to Join)?? and are there any other FAQ's, tips and tricks related to CP (Follow to Join)??

Thanks again
Jay