important question please advise

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?
 
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?

-- If you marry someone before I-485 gets approved & if she is in USA already (legally) then you can file her I-485 (your PD should be current while filing her I-485). If not you can file FTJ (follow to Join) now so that evenif your I-485 gets approved, you can file her I-485 soon. Yes, she will be using AP to travel once you file her I-485


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

-- Same deal. Only difference is she can continue her H1/L1 till her I-485 gets approved & do not have to use AP

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?

-- Has your H1 Expired already ? then it might be difficult going back to H1 status (you can always try). What you can do is get married in India, and file Consular Processing for her (Follow to Join) as long as your I-485 is pending.
 
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