Marriage before getting 485 Approved

D

DecRD

Registered Users (C)
Hi Guys,
I have appled for 485 in DEC
RD DEC10th
ND DEC 17th
FigurePrinting Done on April 26th in Newark.
Waiting for the approval.

Presently Working for a company different than Sponsoring Company on a full time basis. I have relation with the sponsoring company so I haven't applied for AC21.

My Question is
I wanted to get married in 2003.

1) I have still 3 more years to go on H1B. Can I bring my spouse on H4 if I get married before my approval comes?

2) How will the INS know that I am working on a EAD or on H1B?

I know there are lot of knowledgble people on this board so
Any Suggestions will be greatly appreciated.

I will check my lawer also but before approching I wanted to my HomeWork.

Thanks in advance
 
I will try to answer

1. Yes. The marriage should be BEFORE the approval. Even if your (would be) wife is not here in the US when the approval arrives, you can get her here thru the follow-to-join. But if you are approved before the wedding... you (and your wifey) are out of luck and pretty much screwed.

2. It shouldnt matter to them as long as you are working on one of them but once you use EAD , I dont think you can go back to H1 but you have to verify with others.

There are some lawyers who have advised their clients that they can use the H1 even after approval to bring their wives :mad: If your lawyer says the same... its time to switch lawyers.

Thanks
 
my two cents

Unless you inform INS, they wont know.
You can very well bring your wife on H4 and attach her 485 application to yours. unlike others, you should hope that you don't get approved until you file for your wife. If you did get approved, Its a pain to bring her( as far as one of my friends experience).
 
Re: I will try to answer

Thanks for the replies.
As you said ((Even if your (would be) wife is not here in the US when the approval arrives, you can get her here thru the follow-to-join. ))
So U mean to say I can get her here if I got married before my approval date.
Can You tell me how long it takes to get her thru follow-to-join?
Can I bring her along with me?

2) So if the approval does not come on what status can her bring her here ? Is it H4?

Thanks
DecRD

Originally posted by patienceGC
1. Yes. The marriage should be BEFORE the approval. Even if your (would be) wife is not here in the US when the approval arrives, you can get her here thru the follow-to-join. But if you are approved before the wedding... you (and your wifey) are out of luck and pretty much screwed.

2. It shouldnt matter to them as long as you are working on one of them but once you use EAD , I dont think you can go back to H1 but you have to verify with others.

There are some lawyers who have advised their clients that they can use the H1 even after approval to bring their wives :mad: If your lawyer says the same... its time to switch lawyers.

Thanks
Click to expand...
 
1. Yes. You can bring your wife on H4 before you get your approval. However you have to be on H1 and not EAD.
2. Based on I-9 form you file with your employer. I don't think they generally know.

If you are married before the approval date, you need to get her on H4 visa and then you need to apply AOS. She can come here on H4.
 
Hi DecRD,

Till you have your valid H1 visa on your passport, you can go back to INDIA, get married and get your wife on H4 visa.

But if you have changed the company, still you can go back to INDIA and come back on the same valid visa. But the problem you might face is, US Consulate in INDIA, will ask for your most recent pay stub, and a letter from HR manager stating your position and salary in the company.
Now what I understand, you have left the company, whose valid visa you have on the passport.
So, I doubt, whether you can get H4 visa for your wife.

Well, if somehow, you get the H4 visa and she comes with you to US before you recieve approval, you should file her immidiately.

She does not have to apply for Labor Certification, so directly file her for EAD card, and 485.

And this will not delay you processing, if you submit the complete papers and documents.

But if you get you approval, then its difficult to get her any type of visa.
I am not sure, but I have heard there is some special K2 visa, that you can apply for her. But still she has to wait for almost 5 yrs before you can get her green card, as her green card processing will be 'IMMIGRATION based on FAMILY'

So make sure, you check with attorney, and make sure you have all the concerned documents with you.

Wish You Good Luck
 
Thanks

Thanks for all the info you guys have given.

Actually My Visa is with different company and My Sponsoring GC company (Also I have valid H1 with them) is different and I work on EAd for a different company.

What I am hoping is I still have contacts with my GC sponsoring company and I also have a H1B with them. (But the Visa on my passport is of different comapan's) I can get a letter from GC sponsoring company.

Will that suffice to get H4 for my Spouse?


Thanks
DECRD
 
If you are working on EAD, your H1 is no longer valid. So you cannot get a H4 technically speaking but no idea how they might know if you are working on H1 or EAD at the US consulate if you try for H4.
 
Re: Thanks

Hey,

I think that you cannot bring your wife on H4 at all, unless you apply for H1 again and discontinue using your EAD.

Technically speaking, your H1 is invalid once you start using your EAD. You may ask how does the INS know whether you are using your EAD. But, it is always better to go according to the law to avoid future confusions.

I think you should be able to apply 485 for your wife immediately after marriage and request stamping from your country, once your 485 is approved.

Consult your lawyer. The main requirement for a add-on is that your marriage date SHOULD be before your 485 approval.
Hope this helps,


Originally posted by DecRD
Thanks for all the info you guys have given.

Actually My Visa is with different company and My Sponsoring GC company (Also I have valid H1 with them) is different and I work on EAd for a different company.

What I am hoping is I still have contacts with my GC sponsoring company and I also have a H1B with them. (But the Visa on my passport is of different comapan's) I can get a letter from GC sponsoring company.

Will that suffice to get H4 for my Spouse?


Thanks
DECRD
Click to expand...
 
Best Advice to Get marriage before your greencard approval comes

Hey man,

Recently I went to canada on H1B Visa. On return US customs asked me about my status and I said H1(B) Visa. He aksed me did I file any application at INS, I said I-485. They cancelled my H1(B) Visa and Kept me Under Parole expiration date specified my i-485 receipt date.

According INS Officer I cant be on H1(b) visa status if I have I-485 application processing in INS

Another thing I did my finger prints after my marriage. Just to make sure I file my I-485 before my Greencard approval.

Best advice better get married before you get Greencard approval
 
Re: I will try to answer

Originally posted by patienceGC
1. Yes. The marriage should be BEFORE the approval. Even if your (would be) wife is not here in the US when the approval arrives, you can get her here thru the follow-to-join. But if you are approved before the wedding... you (and your wifey) are out of luck and pretty much screwed.

2. It shouldnt matter to them as long as you are working on one of them but once you use EAD , I dont think you can go back to H1 but you have to verify with others.

There are some lawyers who have advised their clients that they can use the H1 even after approval to bring their wives :mad: If your lawyer says the same... its time to switch lawyers.

Thanks
Click to expand...

Regarding second answer, yes you can switch to H1 later provided ur 485 is denied. You can use the balance time to work in US

Abt switching lawyers that was very funny :D :D
 
schanamolu

What would have happened, if you had NOT applied for AP and had travel to Canada??

I assume if you apply for AP it implies that you are traveling on AP and hence the person in the customs has put you on AP's expiration date. But if you had NOT applied for AP in that case he has to allow you on H1's expiry date.

Experts please comment..

Thanks
 
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