Marriage, and AOS (485)

J

joeblack1

New Member
One of friends is in last stages of 485 approval process. She wants to marry a person, who is outside US and she wants to bring him here in States ASAP.

I have following questions and I would greatly appreciate your take on it.

1) Can she directly apply for his 485 and request consular processing?

2) what is typical wait time for consular procesing?

3) what is typical wait time for after approval of her AOS. ie. she gets her GC but marriage takes place after AOS approval date?

4) what are other alternatives such as tourist visa/student/J-1 visa for her fiancée to join her in USA?

Thanks
 
Hi Joe,

If a person gets married before 485 is approved, but applies for Follow to Join to is/her spouse after the approval, how long is the wait? Would the retrogression of PDs affect in this case.


Thanks In Advance
 
karl_453 said:
Would the retrogression of PDs affect in this case.
Click to expand...

If she is from India, China mainland or Phillipines, then yes retrogression is going to affect her case. For EB, dependent's PD is same as primiary's PD.
 
My 140 application date is Dec 2003. (I had a Labor Substitution).So If i am going to apply Follow-To-Join for my spouse now, then it is going to take approximately 2+ years for my spouse to join me here.(Because the current PD is jan 02).
Is this correct?
 
I got my green card and if I get married to girl in India. What are the ways to bring her to USA ?

I heard one can file in India and I would like to know the procedure for it.

If she is in h1b or f1 or j1 , b4 what are the procedures.

Please advise.
Thanks,
Vivek
 
JoeF said:
You can file an I-130 for her, but that takes several years, because there is a quota.
File what? The I-130 has to be filed with CIS in the US. There is something called Direct Consular Filing, but that doesn't help you. It only works for spouses of US citizens, since there is no quota.
If she is in the US, and you file an I-130, she would have to maintain legal status on her own until the PD is current.
She can not get a non-immigrant visa other than H1 or L1 (if she qualifies), since non-immigrant visas other than H1 and L1 do not allow immigration intent.
Click to expand...

What is a PD . what are the options with F1. do you think B2 will be a bad idea to bring her in and then apply for I130.

Anyway I apply for I130 and then once it is approved I apply for I485 ?

Thanks,
Vivek
 
Hello,

My 485 just got approved today. I got married last month in India and my wife was waiting for H4 stamping. How can I bring her in to US now, since my H1 is invalid.

1.Use Consular Process (Follow to Join) option?? CIS does not know that I'm married as I filed as single last year. Should this be ok??

If I apply for her CP (FTJ) option, how long is it going to take, given the fact that she is from India and PD retrogression. Can I file for CP (FTJ) before Jan 2005 and be excluded from the retrogression??

2. If I apply for her CP (FTJ) now, and if it takes more than 6 months, will it be possible for her to get a H1 next year October? Or will the CIS refuse her H1 bcoz I have already applied for her GC??

3.What other option are there for a person who got his GC but married before his 485 approval??

Thanks in advance...
 
If your 485 is approved, then your wife has to use the follow-to-join option.

Personally, I would not go through the hasselle of getting H1 when the FTJ is a sure shot way. It might be a difference of a few months.
 
Thanks Alren. I spoke to my attorney and they said the same. The only problem is she needs to wait to fix an interview till my priority dates are current. My PD is April 2002. I hope they review the dates in Mar/Apr 2005.

Is there any tracker for I-824 approval?? How long does VSC normally takes to approve the I-824 petition ??

Thanks
 
AFAIK, FTJ also comes under the PD retrogression, coz either way USCIS/Consulate needs a immigrant visa number. Also the primary benificiary's (thats me) PD is applicable for my spouse's FTJ.
 
joeblack1 said:
One of friends is in last stages of 485 approval process. She wants to marry a person, who is outside US and she wants to bring him here in States ASAP.

I have following questions and I would greatly appreciate your take on it.

1) Can she directly apply for his 485 and request consular processing?

2) what is typical wait time for consular procesing?

3) what is typical wait time for after approval of her AOS. ie. she gets her GC but marriage takes place after AOS approval date?

4) what are other alternatives such as tourist visa/student/J-1 visa for her fiancée to join her in USA?

Thanks
Click to expand...


Hi,

Don't worry i am also in same boat like you. I applied for I-485 just on Dec 9th 2004 with AP and EAD. But, i also have H1 valid till Nov2005. I am searching for girl in india and you are looking for guy in india. Hope everything works good for us.

Good luck!!
 
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