I485 and marriage

Z

zyx2002

Registered Users (C)
Hi,

My labor certification is pending and at the current speed I think it may get approved sometime in August/September.

My H1 6 yrs finishes in Jan end 2004. After that I will have to go for a 7th yr extension.

I am planning to marry sometimes after May 2004.

My questions are
1. How long is I485 approval taking now a days?
2. If I marry when I485 is in progress can I bring my wife to USA? (I have heard that once I485 is approved one cannot bring his wife to USA.)
3. Is there any restriction to travel outside USA during h1 7th yr extension and I485 pending?
 
1. What is your service center? There is another step called I140 before 485 can be approved. Whatever your center I cannot imagine 485 getting approved before may2004 , unless you are EB1
2. If you have a valid H1 (7th yr) then you can bring your spouse in H4. If your H1 is expired and you are using EAD/AP then you will have to wait till your 485 approval and ask your spouse to apply for GC at the US consulate . If the marriage happened before 485 approval, GC approval for spouse will be faster.

3. No
 
thank you jaxen

Jaxen,
Thank you very much.

My service center is Vermont.
I am in EB2 category. My labor was filed in September 2001 in New Jersey. NJ is processing labor very quickly now a days so I expect my labor to be approved around September 2003.

I will have to apply for h1 7 yr extension sometimes in Nov-December 2003.

Under these circumstances will it be adviseable for me to apply for I140 and I485 in parallel sometimes in Nov-Dec 2003. In that case can there be any issue in marrying during May 2004.

Also during adjustment of status I485 is it necessary for my wife to be actually present in USA or is it possible that she can join me latter on. I am asking this because of the fact that due to some family obligations my future wife can join me in USA only around June-July 2004. But I can marry her before if this will help the Adjustment of status filling.
 
Hi Marrying Man,

I too plan to marry sometimes. Sometimes even after May 2004, sometimes I plan to marry before May.

Now a days I'm not really not sure about I 485 approval. I have heard sometimes you cannot bring her wife to USA, but sometimes she can come - depends on availability of tickets really.
Travelling to certain countries - like for example Middle East at current time of trials of US, or perhaps even Africa given AIDS situations there, is always a bit risky - therefore personal restrictions should be constantly put into place. But going home and all is okay - except sometimes fearful situation in volatile world today.

Good luck friend
 
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