I-485 + Spouse + 2 year HRR

[gmang79]

I have my Perm approved and my PD became current so i'm able to file I-485 but i have a couple of questions.

My fiancee was in US on J1 with 2 year HRR that is not up until Jan 15, 2008. She has been back to the US twice since she left (Jan 15, 2006) on B1/B2 visa. We plan to get married. When should we do it for her to be able to come to the US under my I-485 when her 2year HRR is up.

Please advise. I just sent an e-mail to my attorney but she's on vacation until Jun 19... I guess i'm too anxious to find out what my options are.

I read somewhere about "Follow to JOin" and am trying to educate myself on the matter. I would hope for any advice on what to do as the ultimate goal is for her to be able to come the US as soon as her 2 years are up in Jan 2008.

Congratulations to anyone who is able to file.

 

[gmang79]

Any comments

Anyone could advise on this?
Sorry for not adding anything useful. Just trying to bump it up.
Thanks a bunch in advance!

 

[jk0274]

Read the link before and then let me know if you have any further questions:

http://boards.immigrationportal.com/showthread.php?t=253339

It is my understanding that the person must be a legal spouse in order to be able to "follow to join", but you must also be an immigrant first. You will not be an immigrant (legal permanent resident) while AOS is still pending, which means your future wife wont be eligible to follow to join until you get your green card (and you get married of course).

IF YOU ARE ON AN H-1B VISA: this will make things a bit simpler. You can file for I-485 now, then once her HRR is over (and you're married) you can have her come to the US as an H-4 spouse, and immediately have her file I-485 as a derivative applicant if otherwise eligible.

If she comes as a B-1/B-2 after January, it will be more complicated because coming as a visitor and then applying for immigration might be interpreted as fraud.