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

[zyx2002]

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.

 

[TheRealCanadian]

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?

Since you are not in any non-immigrant status (you are an adjustee) your spouse would not be eligible for any dependent visa, and the only way she could enter the US is if she qualified for an H-1 or L-1 on her own. (She might try an F-1, but most consular officers will reject that one.)

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.

This is true if the marriage takes place once you are a permanent resident. If the marriage takes place before your I-485 is approved, then she is eligible to Follow to Join (FTJ) via CP once your I-485 is approved.

Clearly keeping the husband and wife separated for 5 years is serious human rights violation.

You are always free to move back to India to be with her.

 

[zyx2002]

thanks realCanadian

RealCanadian,

Thanks a lot for your reply.

You have mentioned:
>>>>This is true if the marriage takes place once you are a permanent resident. If the marriage takes place before your I-485 is approved, then she is eligible to Follow to Join (FTJ) via CP once your I-485 is approved.

How long will it take to Follow to Join (FTJ) via CP once my I-485 is approved?

How many years of waiting time is involved?

 

[TheRealCanadian]

How long will it take to Follow to Join (FTJ) via CP once my I-485 is approved? How many years of waiting time is involved?

A couple of months after the I-485 is approved, provided the priority dates do not retrogress after your approval.

 

[newbies]

A couple of months after the I-485 is approved, provided the priority dates do not retrogress after your approval.

The issue is you have to file on time : between the time your PD current and your I485 approval. If you miss the time line, you need to wait for 5 years.

 

[zyx2002]

what happens if I824 is filed before PD is current

newbies,
Thanks a lot for your reply.
What will happen if I824 is filed before PD is current? Will the wait time be 5 yrs?

 

[TheRealCanadian]

The issue is you have to file on time : between the time your PD current and your I485 approval. If you miss the time line, you need to wait for 5 years.

Wrong. So long as the marriage took place before the I-485 is approved, the spouse retains the primary applicant's category and priority date and does not need to file FB2. FB2 is ONLY for spouses of permanent residents where the marriage took place after permanent residency was granted.

 

[zyx2002]

thanks realcanadian

RealCanadian,

Thanks a lot for the info. From what you say this is what I understand. Please correct me if I am wrong:

So long as I get married before my I485 is approved my wife can always file for follow to join and dont have to wait for 5 years. But she can only join after my I485 gets approved and her I485 gets approved (which shouldnt take more than 6 months after my I485 approval). Also the form to be filled is it called I824 or something else?

Thanks and happy new year everybody.

 

[TheRealCanadian]

So long as I get married before my I485 is approved my wife can always file for follow to join and dont have to wait for 5 years.

This is correct. She would be under the same category and priority date as yourself, not FB2.

But she can only join after my I485 gets approved and her I485 gets approved (which shouldnt take more than 6 months after my I485 approval). Also the form to be filled is it called I824 or something else?

People following to join do not file an I-485, since they are never in the US until they get their immigrant visa. I would suggest you file the I-824 right away, and ask that it be linked with your I-485 and ajudicated at the same time. This will tell USCIS to notify the consulate in your wife's home country to start the CP proceedings for her.

After a few months, she will get her consular interview and the immigrant visa at which point she can travel to the US to join you.