Need Help friends for Spouse Visa

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Nice_guy73

Registered Users (C)
Hi Friends,

NEED URGENT HELP....

My 485 is under process & I gave my FP on Aug 20th. My H1 expired in Oct 02 though I have filed for H1 extension in July but renewal hasnt come till now. I came to India for marriage + official
work 3 mths back, was looking for a partner & just today found the the person i am going to marry..

I am planning to fly on Dec 31st as I need to report for work on Jan 2nd. Since there are hardly any days left for me to report for work I plan to go for a court marriage to safeguard my
spouse future GC filing (AOS), Leave wife in India, use my AP to enter US & later come back in March with renewed H1 and also wife with H4.

My only question to the people are:

Can I enter US with AP right now and later enter with extended H1 with wifes H4. Will INS allow me to enter with renewed H1 if my 485 wouldnt have been approved till that time. I have differnt
ideas on this issue. Some say one can still enter on AP and later renter on H1..Some say once you enter on AP you have to work on EAD.

PLS ADVISE.. I would really Appreciate guys..

Thanks A TON....:)

Nice_guy73 (wac 077-
 
i don't know many details to answer your question.

You may want to consider 'H1 premium processing' to get h1 approved faster ..
 
You can enter on H1 even after you've entered on AP. If your H1 apporves before your AOS, you could get your wife on H4, otherwise you need to do CP for her in India.
 
H1/AP

If you have EAD, you can enter US using AP and work on EAD. Then you can leave the country and enter using H1 then you will work on H1 to maintain your wife's H4 status.

Get marriage certificate ASAP. Otherwise if your AOS is approved, you will have to wait long to apply GC for your wife. But you can not start AOS, AP and EAD for your wife until she come to US (need white card).

So technically there is no point to get married before your H1 is approved. The best approach is to wait for H1 then get married and apply H4 for her and come back US and start AOS for her.

Good luck!
 
Re: H1/AP

Originally posted by c4naperville
So technically there is no point to get married before your H1 is approved. The best approach is to wait for H1 then get married and apply H4 for her and come back US and start AOS for her.

Good luck!
Click to expand...

This is a wrong assumption. You can get married before your approval of H1. Lets say, if your AOS gets approved before your H1 and you are not yet married. then your wife can be processed under family visa category (which takes years and years). On the other hand, if you get married before you AOS is approved and your AOS comes before your H1 approval, you can file for your spouse's GC through Consular processing (which typically takes between 8 months - 12 months).

Hope this helps.
 
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