Need help with my case..

ManavSS

Registered Users (C)
This looks like a very interesting fourm. There are many knowlegable people around here. Hoping to find some solution to my problem.

Due to some unexpected developments my marriage is scheduled in Jan 2003 in India and unfortunately cannot be preponed. My Fiancee is an Indian and she never came to US before.

My I-485 was filed in Feb/02 in VSC, I received my EAD & AP and my FP was done. According to my company's new policy they activated my EAD after completing 180 days and I am working for the same company. As per my understanding this automatically cancels my H1.

Now I have two questions :

1. If I dont get my 485 approval till Jan end, how can I bring her to US ? Is there anything I can do to get her a H4 ?

2. If I get approval before my marriage, what are my options ?

Any answers will be truely appreciated.

Manav.
 
My suggestion to you would be to board the first flight and get a registered marriage done. Worry about everything else later.
 
Thanks ysr100

I wish I could do that. But problem is there are a few legal issues to sort out before we can get married (Waiting for a divorce decree). Unfortunately marriage cannot be preponed.

Any ideas please.
 
If you expect any reasonable answers from somebody in this forum, you should post all the relevant facts.

The facts can be such as:

Was is it your divorce or your to be spouse's? Were you married to a US Citizen or a US Resident. If it was your to be spouse's, are there kids involved. Will you be applying for any H-4 for them?
Does she have the custody to take them out of country etc.
 
COLABA

The Divorce is for my fiancee in Inida and it is a very simple case. No kids , No other issues. I never had a H4 on my H1.

And my GC is employment based. Hope this answers your questions.
 
Thanks for the facts. Actually your situation is a bit tricky. You are depending on the divorce decree to come through on a timely basis. I will research this further and get back to you.
 
None of those questions matter. Is your H-1 still valid or has it expired or been cancelled? If it is still valid, you cam get her an H-4. If not, she will need to wait overseas and do a Follow to Join. You need to speak to your attorney in detail about your situation since if your GC approves before you are married, she will be stuck with processing as the spouse of a GC holder and will not be able to enter the US until she gets a GC approved (unless she can enter in another status) and that will take a few years as the spouse of a GC holder.
 
Jim Mills

Thank you very much for your comments.
The H1 stamping on my passport is till 3/26/03. It was not cancelled as I am still working for the same company. But my EAD was activated. Does it mean that my H1 is canceled.
 
If your H-1 has not been cancelled (you need to be positive that the company has not sent a letter to INS cancelling it - that would have been the smart thing for them to do if they wanted to make it absolutely clear that you were not working for them in H-1 status anymore) it's still valid and you can use it for entry to the US and for obtaining an H-4 visa for your wife. You really should speak to the attorney who is assisting you with this since it is a somewhat factually based analysis.

Jim
 
Please help for the same issue, GC approved....

Hi Jim/Colaba, I need your help. My 485 approved last month and I haven't still stamped the approved notice in my passport. Because I am in total dilemma situation now due to the below reason. My marriage is scheduled this month(ie., after green card approval) and leaving to India next week. Rightnow I am working in H1B for the company who sponsored my GC. I haven't used my EAD still and my H1B will expire only on Jan'2004. My question is can I able to bring her on H4? to USA like normal H1B visa holder or does she has to wait 5 to 6 years in the family based petition. Please give some details.
Thanks,rs.
 
Re: Please help for the same issue, GC approved....

RS,
Once INS approves your I 485 you cannot use the H-4 option for your spouse. Getting your passport stamped with the I 551 is just a formality. Your status is adjusted to a Permanent Resident the moment your I 485 is approved.

looks like your spouse will have to come to the US on her own immigration status or maybe wait 5-6 years before a visa is available for her.

Hope this helps
 
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