marriage while I485 is pending in EAD/AP how to bring spouse from India

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zyx2002

Registered Users (C)
My I485 is stuck because of retrogession (EB3, India, PD Nov 2001). I am currently using EAD/AP. I plan to get married sometime in 2006 in India.

Given I am using EAD and AP which visa can my spouse apply for?

I have heard that once GC is approved the spouse has to wait for 5 years to get visa to come to US. Is this also applicable when I485 is pending. I dont think any girl is going to wait that long.

I cant believe what kind of stupid immigration laws US govt has devised. Clearly keeping the husband and wife separated for 5 years is serious human rights violation.
 
If you get married BEFORE your GC is approved, you can file I824 for your wife. Once your I485 is approved, her I824 will be approved as well. She will not need a separate visa number. Check out the processing times but I believe it takes about a year for the I824 to be approved. While your GC is pending there is no visa on which she can come to the US. She can always try for tourist visa...
 
You can marry your spouse outside usa before your 485 is approved and file consular processing (I-824) for your spouse. If you want to bring your spouse, your spouse can try to get a US visa independently: B visa (problem is your spouse can live in usa only up to 6 months..) or F visa (if your spouse wants to study) or H/L visa (if you get your spouse a job). Don't wait to marry.. marry her now.

Other option: If you marry your spouse AND your spouse comes on H1 or F1 before your 485 is approved, you can apply for 485 by adding your spouse's name on your 485. B visa is not recommended for 485 but it may be okay if your marriage is outside USA (just consult your attorney because it is 50/50 risky).

USGC485.
 
Here's my experience

I am EB3 stuck in retrogression. I have 485, pending since 2004. Last April I got married outside US and filed I824 for my husband because at that time PD was current and was expecting to get the GC anytime. My lawyer filed the I-824 with a request whenever my 485 is adjudicated that they approve the I-824 as well, hoping this will speed up the whole process.
In May 2005 the PD for ROW got unavailable and then retrogressed heavily.
My husband applied for a tourist visa and he got 10 year multiple entry. He had already a denial when from the time he wanted to visit me in 2003. We said it to the consulate as it was. In my invitation I explained the situation with my pending 485, attached copies of all notices and documents I have filed for him (I-824).
Since then he has come to US 3 times (Sept 05, Dec 05, April 06) and he stays a month each time. At the POE (Philadelphia airport) he always tells the true reason for his visits. So far (knock on wood) he has not had any major problems (only once he was pulled away for secondary inspection), which is not to say that this will not happen in the future, but this is a temporary relief we found in this terrible situation. Our hope is to file for his 485 once my PD is current.
I do not know if our example would work for you and it is not risk free (visa denial or entry denial at POE) but it is worth trying because it worked for us, might work for you as well.
I wish luck to everyone in a similar situation because I know how painful it is.
 
zyx2002 said:
My I485 is stuck because of retrogession (EB3, India, PD Nov 2001). I am currently using EAD/AP. I plan to get married sometime in 2006 in India.

Given I am using EAD and AP which visa can my spouse apply for?

I have heard that once GC is approved the spouse has to wait for 5 years to get visa to come to US. Is this also applicable when I485 is pending. I dont think any girl is going to wait that long.

I cant believe what kind of stupid immigration laws US govt has devised. Clearly keeping the husband and wife separated for 5 years is serious human rights violation.
Click to expand...

It is better apply from H1B Extension or transfer depending on who is your employers and apply for H4 dependent visa. Since you are in retrogression Follow to Join petition works only if your I-485 is approved.
 
iam also in similar situation PD-29-mar-2002 EB-3 , got married last year 2009 , my wife is working in india , she applied visit visa twice before marriage but got rejected , i have added her in AOS
but my PD is not current , you said you husband got visitor visa after explaining your situation to consular ... is that works out can i try reapply the visit visa again with true reason... with explaining I485 pending... kindly advice.
 
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