Marriage before 485 approval - GC comes before H4 interview

A

anita31

New Member
Hi,

I have an urgent question. My Fiance's is in Last stage of 485 and She coming to get married to me in September. He is planning to add me in his 485, after marriage. Is it true that he can only add me in his 485 when I reach USA. My H4 interview is in january. If his GC comes before January, which Visa do I come to US. Please help as I am not aware of any us laws.

thanks
Anita
 
anita31 said:
Hi,

I have an urgent question. My Fiance's is in Last stage of 485 and She coming to get married to me in September. He is planning to add me in his 485, after marriage. Is it true that he can only add me in his 485 when I reach USA. My H4 interview is in january. If his GC comes before January, which Visa do I come to US. Please help as I am not aware of any us laws.

thanks
Anita
Click to expand...

Very important thing Marrige should be done before approval of I-485. You cannot enter on H4 once his GC is approved.
You need to be here before his approval.If his I-485 is approved befort you come here you have to wait and only come on Follow to join.
In case GC approved before your marriage It will take atleast five years to get the GC.
 
tammy2 said:
Very important thing Marrige should be done before approval of I-485. You cannot enter on H4 once his GC is approved.
You need to be here before his approval.If his I-485 is approved befort you come here you have to wait and only come on Follow to join.
In case GC approved before your marriage It will take atleast five years to get the GC.
Click to expand...


Thank you Tammy2 for the message.

I am actually the case where you mentioned in your last sentence, i.e. my GC approved before my intended marriage (not yet!).

I am a valid H-1B holder and got my I-485 approved recently (last week!)... so you mean my wife-to-be will not be able to get a H4 visa???

Can I maintain my H-1B visa status, such as working for my sponsor company without changing employer etc ??

Is there anyway (the 3rd way) to bring my wife-to-be to USA quicker than "at least 5 yrs" ?? The regulation on GC's spouse sounds pretty irrational... The GC status is much inferior to H1B status when a single wants to marry and bring over wife ????

Thanks!

A deeply troubled and frustrated one upon I-485 approval :(
 
Lithium said:
Thank you Tammy2 for the message.


I am a valid H-1B holder and got my I-485 approved recently (last week!)... so you mean my wife-to-be will not be able to get a H4 visa???

Can I maintain my H-1B visa status, such as working for my sponsor company without changing employer etc ??

:(
Click to expand...

This Q was answered already. Once more: after I-485 approval you are NOT H-1 holder anymore, you lost your H-1, no matter if you keep working with same employer. You must update your work authorization with your employer (fill I-9 form). So no way to bring your wife on H-4 of course.
If she is not yet married to you, she can come by her own visa such as H-1, then you marry and you apply I-485 for her...
 
compass said:
If she is not yet married to you, she can come by her own visa such as H-1, then you marry and you apply I-485 for her...
Click to expand...

No, they get married, he files an FB2 I-130 for her. No I-485 can be filed since the priority date is not current. Five years later, he becomes a citizen and amends the approved I-130 to IR0 and she files an I-485.
 
Revoke Approved I-485!

TheRealCanadian said:
No, they get married, he files an FB2 I-130 for her. No I-485 can be filed since the priority date is not current. Five years later, he becomes a citizen and amends the approved I-130 to IR0 and she files an I-485.
Click to expand...

It seems that the overwhelming responses I got so far are quite negative - my spouse has NO way to get H4 once I got my I-485 approval :(

I am wondering if there is a way to revoke my APPROVED I-485 and still maintain an approved I-140 and possibly refile a new I-485 later ? Is it a mission impossible? have somebody out there done the impossible ? :confused:

The idea is that I would like to maintain my H-1B status, and bring my spouse over on H4.

thank you guys!!!

P.S.
My I-140/I-485 were concurrently filed in September 2005 based on Eb-1 (Outstanding Researcher). I got I-140 approved in April 2006, then I-485 approved in August 2006.

The processing of I-485 in VSC is CURRENT for my nationality.
 
Lithium,

There is no way for you get your wife on H-4 as you are no longer on H-1 status.

As RealCanadian mentioned you can bring her here after 5 years( once you become a citizen).


HTH
 
Revoke approved I-485

Yep, I saw in murthy.com that revoking approved I-485 may be the only way of doing it...


Giving away your approved I-485 is the only way ....I guess
 
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