I-485 in process - Question

I

i_m_losing_it

Registered Users (C)
Experienced folks out there :

Was wondering what are the options for a guy whose AOS is still in process to get married abroad and bring his spouse into the country. My prelim analysis says it is too complicated if the AOS has been approved and then the spouse has to wait outside the country for a prolonged interval. What happens if one is present on an EAD/AP (with H1-b expired) with AOS I-485 in process and he gets married abroad ? Can the spouse come into the country then ?

Would appreciate if people can share what they know.

losing_it.
 
Here is what I think. Your best bet is to file a H1. Remeber now since you used EAD, yours should be a new H1 visa, and will be bound by the annual quota for 65,000 visa. Since 2004 quota is over, you will have to wait for fiscal year 2005, begining October 2004, but you can file it now, so that you are in the queue.

Once you get H1, get H4 for spouse and bring her into US.Then file 485 for her.

IMPORTANT-During all this time, hope and pray your 485 does not get approved. You must act now and consult an attorney ASAP.
 
If 485 is pending, spouse can apply 485/AP/EAD and join in US (Please confirm with attorny). Problem is only if your 485 approved . That case Spouse has to go in family based process.
 
rljh said:
If 485 is pending, spouse can apply 485/AP/EAD and join in US (Please confirm with attorny).
Click to expand...

The problem here is that I-485 can only be applied if applicant is present in US. To bring the spuse into US, he has to apply H1/L1 etc.
 
Good discussion.

Folks: what happens if the would-be spouse is already in the US (on f1 or h1b) ? can i attach the spouse to the my pending i-485 then ( i mean after a registered marriage in the US after getting a marriage license) ?
 
If spouse is in US on a visa that has dual intend (like H, not too sure about F), then yes, you can marry and apply for 485 for spouse. Visa such as B only has non-immigrant intend and therefore you cannot apply 485. Please do consult an immigration attorney for lawful advise.
 
EAD vs H4

My friend applied for I-140, I-485, EAD and AP in Oct 2003. I-140 and I-485 still pending. EAD and AP approved in Dec 2003 for him and his wife. His wife was on H4 (stamped) and she used EAD in March 2004 for job but got laid-off only in 3 weeks. My friend is still working on H1-B.
Is she out of status and need to re-apply for H4 visa or her H4 is still valid even though she used EAD for 3 weeks.
 
She is not out of status. He is stying based on 485 pending. She can change n number of companies still in status.
R
 
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