important question please advise

Z

zyx2002

Registered Users (C)
My I485 processing is still pending and I am working in EAD.

I have a question regarding marriage and I485. If I marry someone who is already in USA as a student doing PhD or MS will there be any problem in her visa status? Also if I marry her while my I485 processing is going on can she be added to my I485 application? In that case when she travels to India will she be using AP?

How about if I marry someone in USA on H1 visa or L1 visa? Can she be added to my I485 application?

If I marry someone in India will it be possible for me to go back to H1 visa status and bring her to USA on H4?
 
How many girls are you planning to marry?
:p
zyx2002 said:
My I485 processing is still pending and I am working in EAD.

I have a question regarding marriage and I485. If I marry someone who is already in USA as a student doing PhD or MS will there be any problem in her visa status?
No, she will continue on her own F1 visa independently of what your status is.

Also if I marry her while my I485 processing is going on can she be added to my I485 application?
No. As far as I know she should be added before filing the I-485.

In that case when she travels to India will she be using AP?
Not necessary if her F1 is in good standing and her I-94 has not expired.

How about if I marry someone in USA on H1 visa or L1 visa? Can she be added to my I485 application?
Not if your 485 is already being processed.
If I marry someone in India will it be possible for me to go back to H1 visa status and bring her to USA on H4?
As you're on H1, your dependents will automatically be on H4 so you should be able to do it.
Click to expand...
 
zyx2002 said:
My I485 processing is still pending and I am working in EAD.

I have a question regarding marriage and I485. If I marry someone who is already in USA as a student doing PhD or MS will there be any problem in her visa status? Also if I marry her while my I485 processing is going on can she be added to my I485 application? In that case when she travels to India will she be using AP?

How about if I marry someone in USA on H1 visa or L1 visa? Can she be added to my I485 application?

If I marry someone in India will it be possible for me to go back to H1 visa status and bring her to USA on H4?
Click to expand...
Do you plan to merry before H-Visa or after H-Visa?
Do you plan to merry before L-Visa or after L-Visa?
Do you plan to merry before MS or after MS?
Do you plan to merry before PHD or after PHD?
In all above cases, YOU CAN NOT ADD her.
By CANCELLING/RE-FILLING your I485, it is possible to add her in refilling process.
 
zyx2002 said:
My I485 processing is still pending and I am working in EAD.

I have a question regarding marriage and I485. If I marry someone who is already in USA as a student doing PhD or MS will there be any problem in her visa status?
No , Problem...
Also if I marry her while my I485 processing is going on can she be added to my I485 application?
Yes, you can as long as your PD is current.
In that case when she travels to India will she be using AP?
Yes, I think she can

How about if I marry someone in USA on H1 visa or L1 visa? Can she be added to my I485 application?
Yes, you can add her same rule applies as above

If I marry someone in India will it be possible for me to go back to H1 visa status and bring her to USA on H4?
Click to expand...
No you cannot go back to h1.
 
zyx2002 said:
My I485 processing is still pending and I am working in EAD.

I have a question regarding marriage and I485. If I marry someone who is already in USA as a student doing PhD or MS will there be any problem in her visa status?

--I dont think there will be any problem in her visa status, she will be able to keep her student visa

Also if I marry her while my I485 processing is going on can she be added to my I485 application? In that case when she travels to India will she be using AP?

--If your priority date is current you should be able to file I-485 for her, and then apply for AP with the I-485 or after filing it. Once the AP is approved she should be able to travel in AP

How about if I marry someone in USA on H1 visa or L1 visa? Can she be added to my I485 application?

--above answer applies here too

If I marry someone in India will it be possible for me to go back to H1 visa status and bring her to USA on H4?

--I think you can apply for a new H1B if there any numbers available in that category. You can do it in 2 ways 1) apply the H1B with the same employer who is processing your GC and continue working with them (2) apply for a new h1b with a diff employer and start working with that employer in new h1b and you may need to change some thing in your GC process to consider it for future employemnt

This path is more trouble
Click to expand...

These are just my opinions, consult with your attorney before you make the decision. Remember to marry the girl you like not the one you can get the visa..
 
You put it correctly. If you want to overcome all your problems of GC marry a citizen. ;-)
--Naveen Oshos
my_gc_pain said:
These are just my opinions, consult with your attorney before you make the decision. Remember to marry the girl you like not the one you can get the visa..
Click to expand...
 
zyx2002 said:
My I485 processing is still pending and I am working in EAD.

I have a question regarding marriage and I485. If I marry someone who is already in USA as a student doing PhD or MS will there be any problem in her visa status? Also if I marry her while my I485 processing is going on can she be added to my I485 application? In that case when she travels to India will she be using AP?

How about if I marry someone in USA on H1 visa or L1 visa? Can she be added to my I485 application?

If I marry someone in India will it be possible for me to go back to H1 visa status and bring her to USA on H4?
Click to expand...
see RealCanadian's reply in http://immigrationportal.com/showthread.php?t=229974
 
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