Marriage and AP/H1

A

albela

Registered Users (C)
I am on H1 (extension) right now, and expect an AP in a month or so. I am planning to go to India and get married in the next few months. So that my future wife can be added to my Green Card, do I need to get and H1 visa, have her get an H4 and then have her added to my application? Or can I use the parole to travel, come back and work on the EAD, and she still come back with me and be added to the application?

Thanks in Advance.
 
Dont use your AP. Be in H1B status and get your wife a H4 visa. If you use your AP or EAD, your wife wont be able to get a H4 visa. So go to India on H1B status and get your wife H4 visa and also enter use on H1B status. DONT USE AP TO ENTER U.S. IF YOU USE AP, YOUR WIFE CANT ENTER U.S. Once you enter U.S. apply for EAD/AP for your wife and from that point onwards, you can use EAD/AP.
 
Good info

So I shall just ignore my AP on the india trip and just use my H1. Does it matter if I have an AP but not use it?

Also on a related note, my i-485 was filed end december. Until when do I have for me to get married such that my wife can be added on the GC application?
 
albela said:
So I shall just ignore my AP on the india trip and just use my H1. Does it matter if I have an AP but not use it?

Also on a related note, my i-485 was filed end december. Until when do I have for me to get married such that my wife can be added on the GC application?
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Actually using AP does not invalidate H1, only by using EAD you invalidate H1. But lets not discuss that here. If you have a valid H1 stamp on your passpport, definitly use that to enter US, and ignore the AP.

Since you applied in December (2004 I assume), your approval is a long way away and so you have pleeeeeenty of time to get married and add your wife to GC appication. Remember there is no hard and fast rule when you will get approved. There are people who are waiting since 2001/2002 for approvals, whereas there have been 2004 approvals also. So, approval is random at best.
 
Do I HAVE to have an H1

My stamp is expired, so if its safe I would rather use AP. However if there is any risk I can take the extra time to get the stamp. Is it worth to be safe?
 
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