Including spouse's name after applying I-485

D

doggycat

Registered Users (C)
Hi,
My I-140 was recently approved! I am planning on getting married (bride living outside US) sometime soon, probably in the next 4-5 months!
Now, I was wondering is it okay to start my I-485 before getting married and then include her name after the marriage (and before I-485 is approved)...
My HR person says, that I have to have the Marriage Certificate when I apply for I-485 inorder to apply for GC for both of us.
I thought, it is okay to apply for I-485 for myself first, get married, include her in the I-485 later before it is approved...

If this is doable, can you please tell me what is the name of the process or can you send me a link where it explains this process... that way, I can try to convince my HR person... Otherwise, I need to wait till I get married to start my I-485 processing...

Thanks a lot!
 
Hello doggycat

There is no seperate process.

You can file for your I485 and then get married. Your wife can
come to US on H4 as long as you have valid H1. Once she is in US, you can apply for her I485 provided your I485 does not
get approved before your marriage date.

Regards
ssp_aks
 
Another good idea is to submit ONLY your I -485 application now (not EAD application) and then submit your spouse's applications (adjustment and EAD) and your EAD application once you are married and she is in US on H4. The bottomline is that you are considered in H1 status until your adjustment application is approved OR you accept a job on the basis of EAD. So do not even apply for EAD now and wait until you both are together.

As long as you maintain your H1 status, you can still submit your 485 application and add your spouse later.

Thanks
 
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