I485 Approval while Overseas

[He3x]

I've been watching I485 approvals @ CSC, and there is a great chance that I will get approved when I'll be overseas for my marriage. Will there be a problem if that happens? I plan to enter with AP. Anybody has any experience with this?

Some people will kill me for saying this, but I hope they slow down my approval until my wife enters.

 

[sundarshankar]

In order for a your spouse to apply 485, you must be married bofore your PR approval. If you marry after your PR approval she may not be able to join you (with H4) and she have to wait in different catageory/process to get her PR.

I strongly advice you to check your lawyer
before you make any decision.

Goodluck,

 

[He3x]

Thank you, but I know the issue exactly if I got PR before I'm legally married.

The wedding date can't be changed due many reasons. In my country, civil marriage has to follow church/religious wedding, so it's out of the question to do Las Vegas-style marriage first.

I know I'm taking a huge risk, but this was decided when CSC was not approving any I485 for almost a year...

The question remains: can I enter (originally planned with AP) when my I485 is approved while I'm still overseas?

 

[toonarmy]

yes...

Just come back with your AP - then go for passport stamping when you get back -

Good luck with your wedding.

 

[pralay]

Originally posted by He3x
Thank you, but I know the issue exactly if I got PR before I'm legally married.

The wedding date can't be changed due many reasons. In my country, civil marriage has to follow church/religious wedding, so it's out of the question to do Las Vegas-style marriage first.

I know I'm taking a huge risk, but this was decided when CSC was not approving any I485 for almost a year...

The question remains: can I enter (originally planned with AP) when my I485 is approved while I'm still overseas?

How about registering the marriage first (in marriage registration office or equivalent) and having the ceremony on scheduled date?

Yes you can enter with AP. If your H1 is still valid, you can use that too. Get married and apply for her H4 in consulate (even if you come to that you are approved already - just pretend that you know nothing about the approval).