Marriage I-485 Pending

I am an Indian national on an H1B visa (valid till mid-2021) and I-485 was filed in October 2020 with EB2 to EB3 downgrade. I am looking to get clarity on the possible situation resulting from marriage.

I am a single person and the AOS application currently filed is for self only. However, if I marry a foreign national i.e. non-US citizen, what immigration filing steps will be needed for the spouse to join in USA in the following possible scenarios.
  • Marriage occurs after approval of EAD/Advance Parole but before adjudication of I-485.
  • Marriage occurs after adjudication of I-485.

The foreign national may or may not have a US visa (visitor/student/H1).


Well-Known Member
1. If they manage to come to the US somehow (including possibly on H4 visa based on your H1b status (if you are still maintaining H1b status) before your I-485 is approved, or on their separate H1b visa), they can do AOS (I-485) in the US as your derivative beneficiary, either while your I-485 is pending or after it is approved. If they cannot come to the US, then you would have to file I-824 so that after your I-485 is approved, your petition goes to NVC and the consulate to start Consular Processing for your spouse as your derivative beneficiary; this means they will not be able to come until a while after you get your green card.
2. After the marriage, you would have to file an I-130 petition for your spouse to immigrate through family-based immigration as the spouse of a permanent resident. If they are in the US and in status, they can file I-485 together with the I-130. If not, they will do Consular Processing abroad.


Well-Known Member
If the possible visa is a strictly non immigrant visa (visitor, student) the visa holder may not enter the US with the intent to adjust status.


Registered Users (C)
Effective 01/01/2021 USCIS/DOS is no more allowing to file I-485's based on date of filing. It has to be based on Final Action Date. I believe this might help you in your understanding to file I-485 for your spouse should the need be. This is in regards with employment based I-485 filing.