I485 almost completed. Need to marry fiancee. Help!!

J

Jimmy485

New Member
Dear Immigration Gurus,

I just received 485 RFE. Based on other readings approval may arrive as soon as 1-2 months.

I want to marry my fiancee who is in Venezuela and has a multiple entry tourist visa.

Should we have a civil marriage in Venezuela ASAP? or have her come to the US as a tourist and marry here ? and after how long a stay?

We are rushing the civil wedding so that she does not have to go into a GC spouse petition but in a FTJ 485.

Your advice is greatly appreciated. Thank you very much.
 
Do not reply to RFE now. You have three month time to reply. Get married first and then reply.
Getting married in Venezuela is the best option. Then get her here in H4 and apply for her I485 too. I don't think coming to USA in tourist visa and getting married is a good option because tourist visa meant for only tourism - and one should not come to USA with other intend - business, internship or marriage. Now it's possible to convince that she came to Las Vegas as tourist and you met her there - both fell in love and got married in one of those 24 hour wedding chapels.
 
Thanks pralay. No H1 though !

Thank you very much for your response.

The idea of waiting for the RFE replay just bought me sometime.
Thank you so much for that tip !!

However, I do not have an H1 anymore, therefore I can not bring her in H4. Yeah, I agree I do not want to cause trouble with immigration, but I do not like the idea of having to wait for two years for her while she files papers through the consulate.

If we get married at home, do you think it is OK if she came to see me as a tourist and then filed after a couple of months for AOS Follow-to-join ?

Thank you very much.
Jimmy
 
When did your H1 expire? I am not sure whether you can go back from EAD to H1 again. May be some other in this forum will be able to say that. If you can, that's one option. Getting your H1 renewed and same time her new H4 too.

I don't think she can apply for AOS from tourist visa (this is my guess though).
 
Thanks again. Both H1 Terms expired

Pralay, thanks again. Both H1 terms elapsed, the second over 18 months ago while still waiting for 485. I am on AP and EAD only pending AOS. It is a good topic of discussion in any case, whether it is possible to go back to H1 after 485 is in process.

Anybody has been in a similar situation ? Submitting a marriage based AOS for the wive while she is in the US with B1 B2 tourist visa.. ?

I would greatly appreciate any feedback and previous experiences.
Thank you very much.
Jimmy
 
You can marry a tourist. If she already has the B visa in the passport, nothing prevents her from coming here and getting married or you do the civil marriage before your approval date.
After coming into US, wait for atleast 4 months before filing for I485, EAD and AP (irrespective whether your 485 gets approved or not).
 
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