I-485 - marriage & spouse addition

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royal1

Registered Users (C)
I-485 - marriage & spouse addition

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Hi Friends,
I am ina a difficult situation now, regading the I-485 filing. I am single now & eligible to file I-485 on july. If I apply(on July) as single and plan to get my spouse on H4 visa next year ,can she apply her I-485 on her immediate arrival here. or Is it like she has to wait till my PD becomes current ,to apply her I-485 (hoping that the current situation going to retrogress on August)

2) Secondly, if by any chance my PD does nt become current ,before my I-485 approval. i.e my I-485 gets approved before my PD gets current one more time again in future, how can my spouse apply for her I-485 ..? also what would be her status then, will she be sent back to India for consular processing ...? Pls help me understand

3) Is it wise,not to apply now as single, rather get married next year & apply together,when the new retrogress date comes.I understand this is a golden chance to miss.pls advise

Thanks in advance,
Saajan
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This has been a much debated topic (especially in recent weeks with the window of opportunity for all EB categories). IMHO, its always good to get your file into the queue (file your 485 in july).

I too was in the same dilemma last year (though non retro). I filed my 485 single in july 06, married in sep '06 and the filed my wife's 485 in dec 06.

If possible, i would say bring your wife over asap (even if it temporary) on H4 and apply for her 485.
 
Thank you danmagaji.
one question - you said you filed single in july 06 & filed for your wife on dec 06 - so i assume that your PD become current again on Dec 06 .. Is it correct ..?
If i apply now as single, my spouse can only apply for her I-485 only when my PD comes current again ..right .?.Also Can it happen like ,your I-485 get approved before the PD becomes current again (i mean once after it retrogresses on Aug).
Thanks for you time & effort,
Saajan
 
royal1, actually my case is a little different since PD was always current (non retro country).

Processing of your 485 realistically might take more than 6 months.

I just think its a good idea to get your file in the queue as soon as you can and then get your wife's 485 filed ASAP.

As an example, a friend of mine is getting married (traditional ceremony-india) in Dec '07. Now that PDs r current for he's filing his in July and bringing his wife (to be) over for a couple of weeks in august on H4 to file her 485. All this is because it is hard to tell how retrogression will impact the dates again in the future.
 
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