Marriage and 485/C.P

S

sai73

Registered Users (C)
Hi guys need some help/advise.

Curently myself on h-1b, filed 140, 485 and planning to get married in next few months. After the marriage my fiance has to complete her education for another 6-8months back home.
How can i add her to my greencard process.?

Is it better of coming on h-4 filing 485, ead , ap and then going back to complete her edu.what happens meanwhile my 485 is approved , can she still comeback using her AP ?

After filing her 485 and staying away for more than 6 mo, would her 485 petition be abadoned ?

OR Is it better of filing follow to join petition /C.P for her ?

Generally how much time does it take once my 485 is approved for her to get her CP done?
Please help if you have any other ideas or problems you notice.
Appreciate u r help, thanks a lot in advance.
 
My advice would be to get married and bring her in USA with H4 first. Meanwhile you can discuss with your attorney and decide what to do - 485 or CP. Both has pros and cons (see other threads related to this matter).
After she comes here with H4 and applies for either 485 or CP, she can go back to her country and come back as long as her H4 visa is valid (did not expire). It really does not matter whether she stays 6 days or 6 months.

Now, if she applies for I485 she can use her AP too (in case her H4 expires before 6 month stay in her country). But you have to remember the AP trick. If she leave USA before AP is approved and you mail that to her, she cannot use that while entering USA. So she has to wait until her AP get approved.
 
Originally posted by pralay
My advice would be to get married and bring her in USA with H4 first. Meanwhile you can discuss with your attorney and decide what to do - 485 or CP. Both has pros and cons (see other threads related to this matter).
After she comes here with H4 and applies for either 485 or CP, she can go back to her country and come back as long as her H4 visa is valid (did not expire). It really does not matter whether she stays 6 days or 6 months.

Now, if she applies for I485 she can use her AP too (in case her H4 expires before 6 month stay in her country). But you have to remember the AP trick. If she leave USA before AP is approved and you mail that to her, she cannot use that while entering USA. So she has to wait until her AP get approved.
Click to expand...

Why should he wait for marriage for applying I-485, for that matter CP? All that needs is you marriage should be done before your approval I-485 or before you complete you CP. You can go for any one those.

You will waste unnecessary time. I-485 is taking so much of time now a day.

If you are applying I-485 maintain H1 status separately so you can bring your wife any time.

If some one stays out side US for legitimate reasons like completing education CIS will usually allow them. You can talk to some attorney. Such Things happen with Family based cases lot.
 
Originally posted by tammy2
Why should he wait for marriage for applying I-485, for that matter CP? All that needs is you marriage should be done before your approval I-485 or before you complete you CP. You can go for any one those.

You will waste unnecessary time. I-485 is taking so much of time now a day.

If you are applying I-485 maintain H1 status separately so you can bring your wife any time.

If some one stays out side US for legitimate reasons like completing education CIS will usually allow them. You can talk to some attorney. Such Things happen with Family based cases lot.
Click to expand...

Well, I haven't mention about anything about HIS I485 or CP. He can do his I485/CP right now. All I mentioned about HER processing (sorry for this misunderstanding). All I mentioned that he does not need to "keep" her outside USA - as that might complicate the situation - and probably long delay to join with him in USA. It's better get her in H4 first.
Let me tell my own situation and situations of some of the people I know. I got married after filing I485 and doing FP. So I had to rush a lot - in January I got married, in Feb she applied for I485 and on March I got approved - kind of unnerving (lucky in other hand because I got approved too soon).
One of my ex-colleagues applied for I485 and went to India to get married and from India he came to know that his I485 got approved. After more than 9 months, his wife is still waiting for "follow to join" with all kind of legal complications.
One my friend got married and applied for CP one year after I got GC. They both got GC. And my wife is still waiting for GC after applying I485 for more than two years back.

So, tammy2, you or I cannot advice anything to someone what is right what is wrong unless we are sure about it. We don't know when sai73 is planning to get married. "Few months" could 1 month or it could be 11 months. Based on his timeframe he has to take decision. Lots of people got positive results with CP and there are lots of horror stories too. One the other hand I485 is safe and can drag for long long time - and people got laid off before that. That's why I asked Sai73 to discuss with attorney. But whatever he does, first thing he needs is to get married and get her in H4.
 
Last edited by a moderator:
Guys. Here's my latest situation. i am planning to get married in june and planning to get her a h-4.since i am maintaining h-1. But unfortunatly she can't enter usa b4 oct.she still has edu left. she can enter but can't wait long till her a.p is approved. So i guess the only option left is C.P.
So when do i file for her C.P ( Follow to join petition ?).
do i file b4 my 485 aproval or after my 485 approval?
where do i file at INS or at consulate and what are the forms that i do need to file ?
how much time/avg does it take in india(Mumbai/Chennai) for her follow to join petition after my 485 approval ?
what are the steps involved in it?
also is it possible that if, around oct , if my case is not appproved , then i bring her on h-4 & file for 485 seperatly ?

Thank a million for your help guys(tammy2 & pranny).Please let me know if you see any problems or any suggestions are welcome.
Thanks alot in advance.
 
Here my 2 cents:

1. I485 approval is getting faster now. So "my-approval-won
t-be-approved-within-X-amount-of-years" can be serious mistake.

2. In your case, if you (your case) want to go for I485, apply immediately now - but NEVER appear for finger print until she applies for I485/CP. Delay your finger print.

3. If you decide to apply for HER I485 too, get her in H4 first after marriage and bring her in USA for few weeks (until her I485 is applied). Then after applying I485, she can go back to her country with her (as long as her H4 valid she can stay there). Talk to your attorney beforehand and keep him/her ready for her applications. If she cannot come after marriage - atleast apply for her H4 visa immediately after marriage. Delay your finger print till she comes on October and applies for her I485.

4. If you want to go for CP (your case only), you can either apply now or you can wait for your marriage too. In any case try to set the appointment date after your marriage (a timegap good enough for her completion of her CP application).
 
You must log in or register to reply here.
Top