I485 - marriage

[reaho]

I have a question related to marriage after the I485 interview, while the application is still pending ( not approved due to FBI name check let's say ).
My question is: if I get married, will my wife be allowed to apply for Adjustment of status ?

Considering the increasing number of cases that are not immediatelly stamped I think this question could be quite relevant.

Any comments/answers will be greatly appreciated.

Thank you.

 

[pralay]

I have a question related to marriage after the I485 interview, while the application is still pending ( not approved due to FBI name check let's say ).
My question is: if I get married, will my wife be allowed to apply for Adjustment of status ?

Yes, she can. But before that she must be able to enter USA using a non-immigrant (including dual-intent) visa. For example, H4 visa (if your H1 visa is valid). Without entering USA she cannot apply for I-485.
If your marriage date is before your I-485 approval date and she is not able to enter USA (for example, your H1 is not valid anymore or her visa application got denied), she can opt for follow-to-join consular processing (in the same category as yours - I guess employment based).

On the other hand, if your marriage date is after your I-485 approval date, her GC visa petition (either I-485 or consular processing) will fall into family-based category.