marriage

programmer76

Registered Users (C)
Hi,

This question is about my younger brother. He became current in the July bulletin priority. He is planning to get married in December 2007. He is planning to apply his I485 in July next month. Gurus please reply to the following questions.

(1) In December After marriage when his wife comes back to join him in USA at that time these suckers would have probably started retrogression again. My brother will have I485 pending because he has applied it in July. What about his wife? Will she have to wait for I485 until the priority dates are current again or she can apply because she is just the dependent and husband has already applied?


(2) In case she can not apply then what will be her status in case my younger brother's GC is approved while she is with him in USA. She has entered on H4 and was not able to apply I485 and now her husband's GC is approved then automatically H1 and H4 are void. Will she have to leave USA?

(3)If they continue retrogression for years then my brother will have to eventually use EAD card. If he uses EAD card he is no longer on H1. What about his wife? She has not applied I485 yet and she came to USA on H4 status. What will be her status if my brother uses EAD card? Can husband and wife be both on a different status? Husband on EAD and wife on H4?

My sincere thanks to you in advance.
 
response below..

Hi,

This question is about my younger brother. He became current in the July bulletin priority. He is planning to get married in December 2007. He is planning to apply his I485 in July next month. Gurus please reply to the following questions.

(1) In December After marriage when his wife comes back to join him in USA at that time these suckers would have probably started retrogression again. My brother will have I485 pending because he has applied it in July. What about his wife? Will she have to wait for I485 until the priority dates are current again or she can apply because she is just the dependent and husband has already applied?

Yes, she will have to wait to apply for 485 till dates are current for your brother.


(2) In case she can not apply then what will be her status in case my younger brother's GC is approved while she is with him in USA. She has entered on H4 and was not able to apply I485 and now her husband's GC is approved then automatically H1 and H4 are void. Will she have to leave USA?

Not sure how this could happen because if the dates stay current she can apply anytime. And you get advance notice of the priority dates movement.


(3)If they continue retrogression for years then my brother will have to eventually use EAD card. If he uses EAD card he is no longer on H1. What about his wife? She has not applied I485 yet and she came to USA on H4 status. What will be her status if my brother uses EAD card? Can husband and wife be both on a different status? Husband on EAD and wife on H4?

not advisable to use EAD while wife is on H4 since she automatically loses h4 status since h1 is no longer valid.


My sincere thanks to you in advance.
 
Hi,

This question is about my younger brother. He became current in the July bulletin priority. He is planning to get married in December 2007. He is planning to apply his I485 in July next month. Gurus please reply to the following questions.

(1) In December After marriage when his wife comes back to join him in USA at that time these suckers would have probably started retrogression again. My brother will have I485 pending because he has applied it in July. What about his wife? Will she have to wait for I485 until the priority dates are current again or she can apply because she is just the dependent and husband has already applied?


(2) In case she can not apply then what will be her status in case my younger brother's GC is approved while she is with him in USA. She has entered on H4 and was not able to apply I485 and now her husband's GC is approved then automatically H1 and H4 are void. Will she have to leave USA?

(3)If they continue retrogression for years then my brother will have to eventually use EAD card. If he uses EAD card he is no longer on H1. What about his wife? She has not applied I485 yet and she came to USA on H4 status. What will be her status if my brother uses EAD card? Can husband and wife be both on a different status? Husband on EAD and wife on H4?

My sincere thanks to you in advance.
all scenarios you assumed are coorect. If she cannot file in July or before retorgression starts..then its big trouble.

Shortcut..ask your brother to get married early..at least in court and get her here..you can do the formal marriage later. This is the easiest solution.
 
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