Marriage after applying for I-485(pending)

N

nb2987

New Member
Hi
I am working on an H1-B. My I 140 is approved and 485 is in pending status. I have an EAD and AP but Im still workingn on an H1 B due to company policies.Im planning to get married in a few months to an Indian citizen, living in India and I hope to bring her to US on a H-4 visa.

My questions are
1) Once I get married and she lands in US, can she be adjusted into my I 485, even though my dates are not current(My priority date is oct 2006).

2) If the answer to the above question is yes, can she get an EAD and an AP as well.


Appreciate if someone can throw some light on the answers and the process.
Thanks in advance.

regds
 
1. She can apply for her own I-485 when your dates are current. If not, she will have to wait until your PD becomes current. She will continue to be on H4 until then.

2. An applicant whose I-485 is pending is eligible to apply for AP and EAD. In fact, now the fees to apply for I-485 includes the fee for EAD and AP and you won;t be charged for multiple times if you need to renew them.
 
nb2987 said:
Hi
I am working on an H1-B. My I 140 is approved and 485 is in pending status. I have an EAD and AP but Im still workingn on an H1 B due to company policies.Im planning to get married in a few months to an Indian citizen, living in India and I hope to bring her to US on a H-4 visa.

My questions are
1) Once I get married and she lands in US, can she be adjusted into my I 485, even though my dates are not current(My priority date is oct 2006).

2) If the answer to the above question is yes, can she get an EAD and an AP as well.


Appreciate if someone can throw some light on the answers and the process.
Thanks in advance.

regds
Click to expand...


No your date need to be current to apply for her I485 till then she has to be on H4 it means you need to maintain H1. You will not be able to use EAD until you applies her I485 as soon as date become current.
 
JefKorn/Immi
Thanks for your replies. I see you answered for applying for her 485.

My question was specifically to add her to my 485 as a dependent, i.e. my 485 is already pending, can I not add my spouse to MY APPLICATION after she lands here?

Appreciate your responses.
 
There's isn't anything defined as "adding spouse to pending I-485". Even though her AOS will be based on yours, she will apply for her I-485 as a separate application. If you want you can inform USCIS of your change in marital status by writing a letter and asking them to update their records but notifying USCIS about change in marital status for the purpose of I-485 is NOT a requirement for your wife to be able to apply eventually for her I-485.
nb2987 said:
JefKorn/Immi
Thanks for your replies. I see you answered for applying for her 485.

My question was specifically to add her to my 485 as a dependent, i.e. my 485 is already pending, can I not add my spouse to MY APPLICATION after she lands here?

Appreciate your responses.
Click to expand...
 
I am in the same situation; got married after filing my 485 and it's still pending... Recently got 140 approved.

Can you explain what do you mean by

jefkorn said:
1. She can apply for her own I-485 when your dates are current. If not, she will have to wait until your PD becomes current. She will continue to be on H4 until then.

2. An applicant whose I-485 is pending is eligible to apply for AP and EAD. In fact, now the fees to apply for I-485 includes the fee for EAD and AP and you won;t be charged for multiple times if you need to renew them.
Click to expand...

isn't my case is processed and (hopefully approved) when my date is current? And if mine is approved before filing hers; at that point it becomes a family case for my wife and is totally different? How can we file 485 for my wife before mine gets finalized?

Thanks,

Vito
 
vitolini said:
I am in the same situation; got married after filing my 485 and it's still pending... Recently got 140 approved.

Can you explain what do you mean by



isn't my case is processed and (hopefully approved) when my date is current? And if mine is approved before filing hers; at that point it becomes a family case for my wife and is totally different? How can we file 485 for my wife before mine gets finalized?

Thanks,

Vito
Click to expand...

If you married before I485, the spouse can apply for her I485 as dependant if PD is current. Even if yours get approved, the spouse can still apply for her I485 as a dependant to your already approved application (not as family based or anything like that).
 
I got married AFTER filing I485 & I140 (filed them concurrently). Sorry but i am new to this site, what exactly is "PD is current" ? My applications were received by INS on August 2, 2007. Is that my priority date? If it is, how do you know when it's current? I check the visa bulletin every month. Is PD considered current when my PD is earlier than the cut-off dates on the bulletin?

Thanks

mmed said:
If you married before I485, the spouse can apply for her I485 as dependant if PD is current. Even if yours get approved, the spouse can still apply for her I485 as a dependant to your already approved application (not as family based or anything like that).
Click to expand...
 
vitolini said:
I got married AFTER filing I485 & I140 (filed them concurrently). Sorry but i am new to this site, what exactly is "PD is current" ? My applications were received by INS on August 2, 2007. Is that my priority date? If it is, how do you know when it's current? I check the visa bulletin every month. Is PD considered current when my PD is earlier than the cut-off dates on the bulletin?

Thanks
Click to expand...

The PD for India and China is back for many categories, if you are not from India Or China, do not worry I think your PD is current.
 
vitolini said:
I got married AFTER filing I485 & I140 (filed them concurrently). Sorry but i am new to this site, what exactly is "PD is current" ? My applications were received by INS on August 2, 2007. Is that my priority date?
Click to expand...
Your priority date is given when your labor certification was filed. If you were in a classification that doesn't file labor certifications, it would be when your I-140 was filed. The priority date should be displayed somewhere in the top section of your I-140 approval notice.

If it is, how do you know when it's current? I check the visa bulletin every month. Is PD considered current when my PD is earlier than the cut-off dates on the bulletin?
Click to expand...
Yes, your PD is current when it is earlier than the date listed for your country and category, or in the bulletin it has "C" which means everybody in that country + category is current.
 
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