Marriage after I-485 approval

O

oregonbud

New Member
Hi everyone,
I need urgent help with this.

I am planning to get married August 9th 2005 to a forgein national.
I was on Hib visa and applied for I-140 and I-485 end of April and to my surprise, both got approved a few days ago (end of June).

I was planning on getting my future wife here on H4 but now my H1b is canceled since I-485 got approved.

What can i do so she can come in with me back to the USA. Do you think trying to talk to the people at the embassy and explain the situation, they might give her a visit visa?

Any other suggestions will be very appreciated.

Thanks
 
This case are discussed many times in "Life after green card" section
in this forum.

If you already got I485 approved, your spouse has to come to
the US on his/her own. What is typically suggested is he/she
gets F1 visa(student) to come to the US, and then get married to you.
However, since F1 is not allowed immigration intent, it's gray zone
to enter the US with F1, having marriage in mind.(because marrying
to you is the purpose, it clearly has immigration intent).
If he/she tells consulate that there is fiance in the US, F1 may be denied.

F1 visa works only before marriage in this case. If he/she already gets
married to you, F1 may not be issued to him/her.

If your spouse has expertise to meet H1 or L1 criteria, that is another option.
 
I-485 withdrawal

I do not think she can get a visit visa. it will be very difficult.

How about if i withdraw my I-485 to stay on H1b. Is this acceptable or it will cause problems in the future ?
 
Is there specific reason you think getting visa is very difficult ? H1 or L1 might be
tough unless your fiancee has some professional experience, but F1
is not as difficult as H1/L1.

GC -> H1B was also discussed sometime back in this forum.

http://www.immigrationportal.com/showthread.php?t=175843

it looks difficult to switch to H1 from GC. Probably H1B may not be issued
to GC holder, HOWEVER, no one tried, and no one actually know what will
happen if you try. Lawyer may know the case like this.

I think this kind of case is the biggest disadvantage for unmarried GC holder.
 
Last edited by a moderator:
sorry,

Let me Clarify.

I just got my I-485 approved. I have an H1B1 visa Valid until 2007.

If i try to withdraw my Approved I-485, can i be back on that H1B! visa or is it automatically expired?

If i am back on the H1B1 visa, then i can get my wife to be on H4 visa.


DO you also know the procedure required to withdraw the approved I-485? I still did not get anything in the mail. It just got approved a few days ago (it only took 2 months as i filed it in mid april-What a luck??)

Does withdrawing the I-485 cancels the I-140..etc?


any help is appreciated


Thanks
 
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