marriage after submitting I485

W

wws_ques

Registered Users (C)
I submitted I485 in Jan 2003 and I have got stuck with the Namechecker.:mad: But I have some changes in my personal life. I will get married soon. Since i was told that the best time to help a spouse to get a GC is before the GC is approved, I would like to take this advantage right now. However, I have spent so much momey in renewing my EC and AP each year. So, I am looking for my own way to apply a GC for my fiancee after the marriage. Could someone tell me what steps to apply for a GC for a spouse and what forms we need to prepare? Is it possible for me to do it on my own? Thank you so much in advance.
 
Ok, you need to get your fiance married, and then get her an H-4 visa and bring her to the USA. Once she is in on a valid status you can then file her I-485 once your PD is current. If it is current already file immediately.

If you do not have an H visa then you are not in a good situation since you cannot bring your wife in on a valid status and hence she would have to do consular processing when your PD was current.
 
Re

darren102 said:
Ok, you need to get your fiance married, and then get her an H-4 visa and bring her to the USA. Once she is in on a valid status you can then file her I-485 once your PD is current. If it is current already file immediately.

If you do not have an H visa then you are not in a good situation since you cannot bring your wife in on a valid status and hence she would have to do consular processing when your PD was current.
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Sorry, she is in USA and works in a lab in a University. She will apply for H1 visa soon. Right now she works based on an OPT. My H1 expired long time ago and I can work because I renew EAD each year. Any further suggestion? Thanks
 
In that case, you may submit an I-485 for as soon as you get married and if your PD is current at that time. Even if your 485 is approved, you may still be able to submit a 485 for her as long as your marriage relationship is established prior to your GC approval. However, if your GC is approved before you get married you will have to file a family based I-130 for her.

wws_ques said:
Sorry, she is in USA and works in a lab in a University. She will apply for H1 visa soon. Right now she works based on an OPT. My H1 expired long time ago and I can work because I renew EAD each year. Any further suggestion? Thanks
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fromnaija said:
In that case, you may submit an I-485 for as soon as you get married and if your PD is current at that time. Even if your 485 is approved, you may still be able to submit a 485 for her as long as your marriage relationship is established prior to your GC approval. However, if your GC is approved before you get married you will have to file a family based I-130 for her.
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OK. Once we get married, could you tell me what forms we should submit? Are those forms to be filled as easy as the forms for AP or EAD? THanks.
 
Once you are married and your PD becomes current, you will need to submit exactly the same type of forms you submitted for your adjustment of status application i.e 485/756/131 as well as all the required documents such as medical examination form, marriage certificate, birth certificate, proof of legal entry/status etc. I believe you could do it yourself if that's what you mean by being easy to fill out.

wws_ques said:
OK. Once we get married, could you tell me what forms we should submit? Are those forms to be filled as easy as the forms for AP or EAD? THanks.
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fromnaija said:
Once you are married and your PD becomes current, you will need to submit exactly the same type of forms you submitted for your adjustment of status application i.e 485/756/131 as well as all the required documents such as medical examination form, marriage certificate, birth certificate, proof of legal entry/status etc. I believe you could do it yourself if that's what you mean by being easy to fill out.
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Thanks for the info. Now I try to find the complete list:
1. I485 Form
2. I765 Form (referring to 756 in your reply, right)
3. I131 Form (optional for travel)
4. Marriage certificate
5. A copy of my wife's passport with all visas to usa.
6. Birth certificate (Is it a must. I did not recall I submitted it)
7. A copy of her OPT

What else? Thanks again.
 
wws_ques said:
Thanks for the info. Now I try to find the complete list:
1. I485 Form
2. I765 Form (referring to 756 in your reply, right)
Optional, if she needs work authorization
3. I131 Form (optional for travel)
4. Marriage certificate
5. A copy of my wife's passport with all visas to usa.
6. Birth certificate (Is it a must. I did not recall I submitted it)
It is must.
7. A copy of her OPT

What else?
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Also it will be good to submit her I-94 and color copy of her driver license.
 
fromnaija said:
Once you are married and your PD becomes current, you will need to submit exactly the same type of forms you submitted for your adjustment of status application i.e 485/756/131 as well as all the required documents such as medical examination form, marriage certificate, birth certificate, proof of legal entry/status etc. I believe you could do it yourself if that's what you mean by being easy to fill out.
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What is the medical examinatino form? Where can I get it? As of the birth certificate, how can I get it in USA since she was born in China. Thanks.
 
wws_ques said:
What is the medical examinatino form? Where can I get it? As of the birth certificate, how can I get it in USA since she was born in China. Thanks.
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It doesn't matter where she was born. If she doesn't have birth certificate at all - she needs some kind of affidavits. But I believe she does have chineese birth certificate. In that case you need a copy of it and English translation.
 
So as of Medical Exam, we should file I-693 Form. It does not look like we can fill out the form. In the instruction of that form, we need to see a doctor chosen from a list you will be given. But where can I find the list? I did get a list but in my current area. My wife lives in Chicago area, not my current state. Could someone tell me the steps before filling out I-693 form? Thanks.
 
wws_ques said:
So as of Medical Exam, we should file I-693 Form. It does not look like we can fill out the form. In the instruction of that form, we need to see a doctor chosen from a list you will be given. But where can I find the list? I did get a list but in my current area. My wife lives in Chicago area, not my current state. Could someone tell me the steps before filling out I-693 form? Thanks.
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https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV
Don't fill form yourself, let doctor to do it.
 
So it means that we can make an appointment when we prepare for the above documents? After the exam, should we get the I-693 form back and send it with the package to INS? What else should we include for the medical exam? Thanks.
 
wws_ques said:
So it means that we can make an appointment when we prepare for the above documents? After the exam, should we get the I-693 form back and send it with the package to INS? What else should we include for the medical exam? Thanks.
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You will get sealed envelope to include to your package and also a copy for your records. Don't worry, doctors know what to do.
 
use a lawyer

with both of u working n this being a very important juncture in ur life, suggestion is to use a lawyer. It will give you peace of mind and even though advice on what to and what not to submit from all of us here is valuable because of the experiences we have had, you should use a lawyer to avoid any wrong steps.
 
Thanks. I might consider it.
If we file q new i485, should i just replace the old one I filed several yrs ago with the new one or just file the form for her? Thanks.
 
I just read the I-485 instruction again and find she needs
to fill out Form G-325A, Biographic Information Sheet. Is that correct? Also for her I-485 application, should I still include my Employment letter? THanks.
 
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