Need some advice on I-485

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wickedwikas

New Member
My fiancee and I are both residing in the US. I am currently on H1B. She started the GC application last year and has already received her EAD card (finished fingerprinting last week). If we get married at this stage, will I also be able to file for the GC along with her? Or does it make more sense to stay with my application process (I have recently applied for Labor under the PERM process)?
 
If you get married now you will be able to file your adjustment of status application when her priority date becomes current.

wickedwikas said:
My fiancee and I are both residing in the US. I am currently on H1B. She started the GC application last year and has already received her EAD card (finished fingerprinting last week). If we get married at this stage, will I also be able to file for the GC along with her? Or does it make more sense to stay with my application process (I have recently applied for Labor under the PERM process)?
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You should get married as soon as you are clear you want to be married.
As long you are married BEFORE your 485 is approved, you can add your spouse to the existing GC application. But this can now happen only if your PD is current.
Otherwise, as long as you are married before your application is approved, even if your GC is approved before PD is current, or if you did not have enough time to apply for spouse's 485, the spouse can always do a Follow-to-join (FTJ) which takes a bit longer to process but at least you are safe.

Hope this helps.
wickedwikas said:
My fiancee and I are both residing in the US. I am currently on H1B. She started the GC application last year and has already received her EAD card (finished fingerprinting last week). If we get married at this stage, will I also be able to file for the GC along with her? Or does it make more sense to stay with my application process (I have recently applied for Labor under the PERM process)?
Click to expand...
 
adekhne said:
You should get married as soon as you are clear you want to be married.
As long you are married BEFORE your 485 is approved, you can add your spouse to the existing GC application. But this can now happen only if your PD is current.
Otherwise, as long as you are married before your application is approved, even if your GC is approved before PD is current, or if you did not have enough time to apply for spouse's 485, the spouse can always do a Follow-to-join (FTJ) which takes a bit longer to process but at least you are safe.

Hope this helps.
Click to expand...

If you want to get GC through your fiancee's application, you need to get married. Apply for a GC as spouse when your fiancee's priority date is current. This needs to happen before your spuse's 485 is prroved.

You can still continue with your perm , 140 and 485 separately. Take whichever (wife's GC) or your GC whichever is early.

Make sure you do whatever it takes to safeguard your h1 status.
 
Last edited by a moderator:
vj66321 said:
If you want to get GC through your fiancee's application, you need to get married. Apply for a GC as spouse when your fiancee's priority date is current. This needs to happen before your spuse's 485 is approved.
Click to expand...

To clarify, what's critical is that they get married before the fiancee's I-485 is approved. The derivative I-485 can be filed afterwards.
 
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