I-485, no H1B and Marrige ( Usefull info)

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gc_luckyguy

Registered Users (C)
I-485 , no H1b and marriage

I want to pass on some usefull information that I got from my lawyer recently.
Recently I was laid off, which means that I am no longer in H1b status. However I am still in legal status as I have EAD with me and my status will default to I-485.

I am single and plan to marry this december 2002. If I get married in Decmeber I cannot bring my wife to US as I do not have a vaild H1b. As for me, I can re-enter the US on Advance Parole.
The good news is that if one gets married before getting the Green card, he/she can include his partner after his GC approved. Unitil then he cannot do anything.
For instance say that my GC will be approved in Arpil 2003 then I can include my wife for consular processing. The lawyer said that it usually takes 4 months for her to get GC.


For guys in I-485 stage with no H1B and planning to get married , this is great news. Something is better that nothing.

The bottom line is you have to get married before you GC is approved.
Please let me know if this information was helful to anyone.
 
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If you are already married then I don't think you need to wait for your approval to file for "follow to join for your wife". Talk to you lawyer and file for your wife ASAP. Why loose some valuable time?

-PCee
 
Please help me

Hey I don't have AP (Never filed), but I have EAD, and I have my 485 filed. (Nov ND/RD), FP done (Jan 02). I am unmarried, what advice do you have for me? I'm also very worried about this stuff. :(
 
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GC and marriage issue

I got the same response from my lawyer what gc_luckyguy mentioned.

Lets consider the following scenario:

One gets married after one's GC is approved. And the wife is already in the USA on a F1 or H1 visa. What are the impacts? So far, the information I gathered on this scenario is as follows:

1) The wife can pursue her GC on her own H1 (if she is on H1).
2) If she is on F1/H1, the husband can file for her I-130 to get her GC. This is family-based and takes 4/5 years. During all this long period, the wife has to maintain her legal non-immigrant visa (F1/H1) status in order to remain in the USA lagally. There may be some problems on her travelling in and out of USA during this long period. Because, F1 is not a dual intent-visa. So, POE guys can cause her problem to allow into the USA in such case.

Question:
Now, what happens if she gets laid-off (H1 terminated) or completes her student life (F1 terminated) during this long period. can she stay with her husband in the USA or she has to leave USA (bcz her legal non-immigrant visa status has terminated) and wait outside USA until her GC is approved through family-based petition.

I heard that there are some "temporary measures" that DOJ offers to allow the wife to stay in the USA on an yearly extension basis (although she is no longer on a legal non-immigrant visa status) until the GC is approved. I would appretiate if someone can answer the question above.

Thnx,
 
Silly Man

This is what I gather from my conversation with my lawyer:

First, the bottom line is: you have to get married before your GC gets approved to avoid unecessary complications. Now,

1) The wife may already be in the USA on a H1/F1 visa. In that case, you can immediately file for her AOS and she will get her GC may be a little after you (depending on current processing times). One exception is: if she is on F1-visa and that F1-visa is less than 3 months, there may some problems in filing for her AOS.

2) Lets say, the wife is outside USA. In that case, you can go outside USA on AP or H1 visa and get married. If you have valid H1-visa stamp on your passport, you can bring your wife to USA on H4 and file for her AOS. All these are happeing before your GC gets approved.
If you don't have a valid H1-visa, you can't bring your wife on H4. You have to return to USA alone after marriage. She has to wait outside USA until your AOS gets approved. Then you can apply for her GC through consular processing (through local US-embassy) and that takes around 6 to 9 months for her to get GC and join you in the USA.

Hope this helps.
 
This stuff is quite complicated. Marrying some one outside US after getting GC is quite a pain in the "bottom". Hopefully, the law will change in the future.
 
Thanks independent

I have a few more Q's.

I donot have a H1 stamped on my passport. Just a notice from INS saying you're h1 is approved. This is so because, my h1 expired and I had to get it renewed. Never stamped it because it takes forever for that stamping and I didn't want to delay my GC stamp because of this.

Also, my passport expired while in AOS status (Damn it takes forever), so I have a new passport, with no stamps on it. I have my old cancelled passport too.

I donot have AP either.

Also, my lawyer is extremely unco-operative. Never answers phone calls, when he does he gives wrong answers.

So I donot/cannot get my wife's case processed thru my lawyer. Can I approach a different lawyer for these purposes, while retaining my current lawyer for my 485 .. to avoid confusing INS with a G-28 form?

What do you recommend we do now?
 
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Silly Man

Usually, lawyers should provide and does provide as much information as possible to let the client know the impacts of these stuff and convince him/her to get married before GC is approved to avoid long family based queues.

I don't really know the answer to your specific question. You can talk to any good lawyer on this subject.

Good Luck!
 
s-man

I think you can hire different lawyers for different cases. I think you can even apply dependent' 485 on your own (though this is a little painful). INS can get confused for several reasons, let this not be a hinderance for you to get good advice from a competetive lawyer.

good luck...
 
silly
then what r u waiting for get married and file her 485 if she's in US then its okie if some where else then u might hv t obring her e in h4 or l2 otherwise u might hv to go for CP.
 
Sillyman

One of my friend got married on August 5th in his country & he included her wife on his I 485 by showing his marriage certificate, His 485 got approved on Aug 20th & now he went back to his country for the actual marriage cerimony,I can tell you exactly what he is going to do to bring his wife here once he is back next week, I remember him saying he will bring her in 2-4 months time.
 
Ghost rider & deeps

I'm waiting because if I leave for India for 2 weeks, I'll loose my job here :( .. I can't leave .. and I can't stay .. 2 way screw job. I know I know it makes all the sense to avoid f*** long spouse gc waits, but y'know what .. I have very little choice right now.

I have no AP, No stamped H1, and I am right next to my GC, and I really don't wanna get married @ a 2 week notice. It's like 2 weeks, find a girl and get married. OH YUCK. You don't find a girl in 2 weeks even in arranged marriages, you spend 1-2-3 years to settle down on the correct girl. (I think).

May the idiots who made these laws burn in hell.

Deeps, feel free to send me a PM . . or send instant message to yahoo id "someverysillyman"
 
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silly guess then u hv to find some one here either on h1 or already with GC or citizen unless u wanna go through the the same INS grill machine. Spouses of GC holder have to wait pretty long these days . i do't know the time but from india i know its in years may be couple or more so u have to think before u take any step. This wait of spouse in other country for her turn of visa will rob the charm out of your new marriage Idealy if u can get along with someone with H1 or marry someone who can get a H1/L1 that will be your best bet.

Appling for AP will not make sense now cause u r so close to approval and second since u do't have a previous stamp of H1 in ur new passport u have to go back to home country to get that. and getting that these days is big big problem , ppl therewill pose all sort of questions and requests documents to deny u your H1 stamp and will keep u there. So best is keep ur option open and look for some one right who is already here or have ability to come here indipendently.
 
Ghost ur right

I think ur right ghost. Whats more, I really don't want to be forced into marriage. I am not mentally ready for that yet.

What I feel is that this illogical and unfair law (since there are plenty of people joining my ranks) might change, but I am not counting my dreams on that. The wait incidentally is 7-8 years.

And if you are Indian, you'd understand that dillema's of ABCD's and Citizens and Culture and Non_Adjustment and parents and conservativeness versus open-ness.

But if I get my approval today, trust me, I will celebrate.

And no, I dont wanna go to India hoping they'd stamp my h1 there. That 90 second interview at the US embassy is like tossing a paper in the wind and see what it'd do this time.
 
F*** 7/8 yrs.....thats too much ..and yeh i am desi i can understand what u think and got plenty . I know no very few ppl who woring in good techinal postion will go for local desi girls here. I guess then ur option limits on some with H1 or L1 qualifications there or here.
 
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