Need help: marriage and filing 485

L

lazyworm

New Member
Thanks for helping me out here.

I'm an F-1 student. My fiance is on H-1 and has filed 485 (Sept. 02), EAD, AP. It seems that his application will get approved this year, but we are less certain when exactly.

We are planning to get married at the end of May. But I then need to go abroad for an internship from late July to end of August.

So my questions are:

1. If I file my 485, EAD, AP right after I get married, will I be able to come back in August on my student visa, without AP?

2. If not, does it make sense to delay my 485 filing until I come back to the States?

3. If I marry before my fiance's 485 approval but file after his approval, does that move me to the category of family-based second preference spouse, the process of which is going to take much longer?

4. Are there any problems with marry before the approval but spouse files after the other's 485 approval?

5. Any other advice given the situation?

Thanks a lot. I'm new to this process, so if you need some other info before you can answer my questions, please ask.
 
>>1. If I file my 485, EAD, AP right after I get married, will I be able to come back in August on my student visa, without AP?

Once you file your 485, you are under AOS category and hence need AP to re-enter US

>>2. If not, does it make sense to delay my 485 filing until I come back to the States?

Yes, if you wish to re-enter on F1

>>3. If I marry before my fiance's 485 approval but file after his approval, does that move me to the category of family-based second preference spouse, the process of which is going to take much longer?

Yes, if you file after his approval, you will be under family based category and thats takes time to get ur GC. Best advise is to file 485 before his approval, so you both can get GC at same time.

>>4. Are there any problems with marry before the approval but spouse files after the other's 485 approval?

Once again, filing 485 before approval is the best bet OR you have to wait years to get ur GC.

This is my advise, you may take ur own decision or seek professional help.
 
Re: Re: Need help: marriage and filing 485

Originally posted by sam99
Yes, if you file after his approval, you will be under family based category and thats takes time to get ur GC. Best advise is to file 485 before his approval, so you both can get GC at same time.
Click to expand...

This is incorrect. The important event is the marriage itself, not the filing of the I-485. So long as our original poster is MARRIED before the spouse's I-485 is approved, a visa number will be available immediately.

If they get married after the I-485 is approved, at that point the spouse falls under the FB2 category.
 
Thanks

Thanks for help from both of you. I also heard different opinions from different lawyers--some say the marriage date determines, others say the filing date determines. Anything that I can look up? My current situation really depends on which interpretation is right--if marriage date determines, then I can delay my filing until I come back to the States...
 
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