Marriage while I485 pending

S

Steve485

Registered Users (C)
Hi all,

My I485 is pending(PD 09/96,ND 10/99, FP 08/00, EB3). I am still on H1 which is valid till 2002. I am planning to get married in early November.
My question is, since my I485 is not yet approved, can I include my spouse in the I485 process so that she will not have to wait another 4 years? In case she comes with me on H4, and then my I485 gets approved will she be out of status. If any one of you had the same experience as mine, I apprecate if you could post your experience here. (Please don\'t ask me why I didnt\' marry so far - just kidding)

Thanks in advance.
 
No Title

My friend was in a similar situation,

His wife is now here on H4 but can not file her adjustment of status
because due to retrogression of priority date his priority date is
no more current. Also I have heard that if the 485 for spouse is filed
too late (what that means is not clear to me) then if INS fails to match
that with the original (your) 485 on which the new one is dependent
then the new one will be denied.

The first (friend\'s one) is that I am sure about the next one (too late stuff)
I have only heard and you need to make more investigation whether
it is true and if it is what is the meaning of too late.

Good Luck... I know the feeling :)
 
No Title

Steve hi,

  I have similar situation. According to my lawyer, you can only apply for her by filing an I-824 "follow to joint benefits" after your 485 gets approved. If you\'ve had not filed for your 485 then things were different. I\'m hearing if you were married before your 485 approval (your case) you do not have to file for I-130 (take 4-5 years for approval) and instead you can file the I-824 (6 months) even though she is in the US. Here is a link that explains that.
http://www.ins.usdoj.gov/graphics/howdoi/Appproc.htm#3

   I\'m not sure before your approval comes in you can add your wife to your pending case or not. If your findings are different please let me know, this may be something I wanna do.

Thanks,
 
No Title

Thanks for the comments. I asked this question to Attorney Murthy in her chat session(which would be posted in her site), she told me I can bring my spouse on H4 and then include her in my I485 process. I can include her if my PD is current. Whether my spouse will get the GC with me or later is depends on how my lawyer files the application. But I hope this can be done. For more information, You can go to Murthy\'s site and browse the chat session.

Thanks and keep posting any new info. related to this.
 
No Title

since his priority date is current ,he can include her name b4
his approval comes.Other wise she has to maintain legal status here
somehow.
 
No Title

My friend was in same situation and he included his wife\'s name successfully. Make sure you do it ASAP. I will suggest that you start filling out the forms right now so that when you land here after marriage you can send out everything the next day. And pray to God that your applcation is not approved before you have applied for your wife.
 
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