I-485 stage and how to get GreenCard for my finace

H

hlin4

Registered Users (C)
Hi Guys, (a little long, please be patient)
Need your advices this time again.
My I-140/I-485 concurrent filing on this Apr, and I am planning to get married around this Nov.
She is a Chinese, studying in Vancouver, Canada, no any Canada backgroud and relationship there, just studying there.
And my lawyer told me if I submit her case for her after we get married, she should be in US in order to get her Green Card. That means she needs to come into U.S by H-4 (So far, my H-1 is valid till 2005) but since I already got my EAD and AP, and end of this year I will go back to China (after coming back to U.S by AP, maybe My H-1 is invalid, maybe still valid, there're two opposite opinions in this forum), anyway, relying on H-1 is not secure, and if I submit her case now, my lawyer told me my case will also be delayed (and how long delay is hard to say)
So, my lawyer suggests a good way for me, before my I-485 is approved, I need get married with my fiance. And after my I-485 is approved, that means I get my GreenCard, then I started to apply Consulate processing for her, which takes around 6 - 12 months, then she can get her GreenCard. I think it's a good way.
Do you guys hear about this way? Or any better suggestion?
Thanks you guys very much in advance.

Hai from NewJersey
 
why do you think your H1 is not going to be valid? Dont you even have one H1 visa stamp in passport (not necessarily current). If so, you can try for a h1 visa stamp at china /beijing, if rejected travel using AP, but still be on AP.
Then you can send your H1 papers for your fiance to get H4 from canada- no problem- after marriage.
Meanwhile, CP would be the backup for your fiance- but only after your 485 is approved (and the marriage has to take place before 485 approval).
 
I appreciate you

Thanks a lot, jaxen.
Yes, like what you said, I can go back to BeiJing to get stamp on my visa. But my concern is that, if she gets H-4 comes in U.S, and I submit her case, maybe both of us will be delayed, that's not secured (who knows when I will lost my job), I think if CP doesn't take long time, if I can get GreenCard first, then I apply for CP for her. Of course, we will get married soon before I-485 is approved.
Jaxen, could you tell me, this kind of case, how long will take for her to get GreenCard in CP? (Generally speaking)

Thanks a lot.

Hai
 
same boat

I am in I-485 stage but H-1 is expired this Jan. I am working on EAD and AP. If I married a girl in China before I-485 approval, can I help my wife get green card by CP? What's the procedures?

Thanks!
 
I always thought that you can't mix I-485 and CP. If the primary applicant is I-485, shouldn't all dependants also be I-485? [B

If you I-485 is not yet adjudicated your newly wed spouse can file a "follow to join". The gurus on this forum may know more about "follow to join" than me, but I believe this is the only logical path you can take.

If your I-485 gets adjudicated before you marry, then you now have a green card. A green card hold can sponsor their spouse, but I think this is family based preference 2 or 3, which can take 3 to 5 years, at the present time.

It would be much better if the spouse were to "follow to join", before your I-485 is adjudicated.
 
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My case is similar with ksby0000, our fiance are in U.S, please
notify this point --- curiousGeorge. If we do "follow to join" that means the spouse should in U.S.
Since they are not in U.S, so the only way is to apply for CP after we get married.
Now, my point is that Anyone can tell me how long this kind of CP to take (in general case, my lawyer told me 6 - 12 months).
 
So it sounds like you would need to file I-824 to transfer your AOS to CP. The processing date is currently Sept 2002, and then its another 6-12 months after it gets approved before you get an interview at the consulate.

So if you filed I-824 right after you married in November 2003 you might have an interview by November 2005 if TSC keeps up its blazing fast speed.

You may want to ask the people in the CP forum for a more exact waiting time for an interview.
 
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curiousGeorge, Why I need file CP?
I think the process is like following
-- I still get my GreenCard with I-485 way which I submitted this Apr. And before my I-485 is approved, I get married. And then after my I-485 is approved, I apply CP for my spouse, then she will start CP process (probably take 6 - 12 months)
Need you or other guys' comfirmation. Since this is critical issue.
Thanks a lot.

Hai
 
Check this article from Murthy

http://www.murthy.com/UDmar485.html

"We at The Law Office of Sheela Murthy are often asked exactly when, in the Green Card process, should the principal applicant marry in order for the spouse to obtain the Green Card and enjoy benefits with the principal. To summarize the INS position, as long as the principal applicant gets married prior to the INS' approving the I-485 application, there should be no problem for the dependent/s to either file the Adjustment of Status, if in the U.S., or to "follow to join," based upon a consular interview abroad. Therefore, the principal can file the Adjustment of Status application prior to marriage, but the marriage needs to take place before INS makes its decision on the I-485 application."


Looks like you can file "follow to join" now itself before getting married as long as you get married before your 485 is approved.
This may save you some time.

Personally, I don't think you application will get delayed too much if your file adjustment of Status for your fiance and bring her on H4. You have just file 485 in April and have a long way for approval. I file 485 in July 30, 2001 at Texas and still waiting. You do know that your wife will only get GC in CP once you are approved and judging by the wait times for 485 you both would be apart for quite a while. But if that's OK with you then fine.

You feel job is not secure on H1 but are you aware that having filed 485 a person is considered in legal status until the 485 is adjudicated regardless of visa ? So your wife and you would still be in status if you lost your job but in order to qualify for 485 approval if you lost job the AC21 provisions allows you to change employers using EAD after 180 days have passed of 485 filing and I-140 has been approved and the job is in the same category. Personally If I was in your situation I would file go this way because you cannot be sure how long your 485 will take to be approved and your wife will have to wait out fo the country until that time. Yes doing CP will probably get interview in 6-12 months for your wife but it all depends on when you get approved. However if you still want to go that way the article I mentioned says you can file CP for her now even when not married as long as you get married before you approval. That will alteast put your fiiance's application earlier in the queue.

Good luck!!
 
Feel warm

Hi Ooty,
While reading your reply, I feel very warm! Your detailed reply is totally concerning me and my fiance's benefits.
Though we only know each other by net, your great help lets me feel warm from my heart. I will consider all you guys' sincere suggestions, and talk to my fiance to make a good decision.
Great thanks to all you guys, and best wishes for you all.


Hai from NewJersey
 
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