Marriage before Green Card

[akmo1]

Need advice from you Immigration gurus out there.

I fall under EB3 India, priority date is April 28th 2001. The current dates as per the November bulletin is April 22,2001.

I would have prefered to get married to my GF next year in December.
However, it would be sad if she were unable to join me due to immigration issues.

I am aware that I can add her onto my I-485 application, as long as my priority date is current and my green card is not approved. This would be very tricky but will work.

Does she have to be in the US when I add her to my petition, she currently holds a 10 year multiple entry tourist visa.

Can I get married in Inda, and file for her when my dates get current and then she could go through the consular processing.

Please advise me on the pros and cons.


Thanks.

 

[danmagaji]

IMHO, get married asap and assuming you are on H1, let her apply for H4 and come over and apply for I-485 - and yes AOS can only be done when you are in the US. You cannot do AOS on a visit visa. CP takes a long time from what i have heard.

 

[tammy2]

Can I get married in Inda, and file for her when my dates get current and then she could go through the consular processing.

Thanks.

You cannot apply I-485 when the person is not US. As long as marriage is happened before your approval you are fine. You can do consular processing after the approval of your green card.

 

[akmo1]

Unfortunately I am not on a H-1, just under Parole.

She does have a tourist visa. Should she come here and we get married here in the US?

For CP, here is what I've heard:

1. If I wait till I get my green card then it would take 5 years or more.

2.If I file as soon as my date gets current, then CP for my wife would take about a year or so.

 

[TheRealCanadian]

She does have a tourist visa. Should she come here and we get married here in the US?

I'd be skeptical on her being admitted in B status, especially if it is to get married and eventually immigrate.

1. If I wait till I get my green card then it would take 5 years or more. I file as soon as my date gets current, then CP for my wife would take about a year or so.

The important thing is that you get MARRIED as soon as possible, even if outside the US. That prevents her from falling into the FB2A category, and allows her to do FTJ, which is approximately 6 to 12 months .

 

[geofu54]

I'd be skeptical on her being admitted in B status, especially if it is to get married and eventually immigrate.

I agree. And it could possibly make things pretty much complicated and even serious should she be asked any relevant questions at the port of entry (e.g., boyfriend? fiance? etc) and admitted by not telling the truth, then gets married and applies for AOS. I would imagine even after 60 days get passed the case would be scrutinized very carefully.

The important thing is that you get MARRIED as soon as possible, even if outside the US. That prevents her from falling into the FB2A category, and allows her to do FTJ, which is approximately 6 to 12 months .

And if your marriage occurres after your I-485 approval, that would not only mean she would have to wait for 5+ years till F2A becomes current but her visit to the U.S. to see you would probably be more difficult. So as Canadian and others here say, the whole point is get married asap, BEFORE YOUR I-485 APPROVAL.