niw vermont i485 newly married

N

NIWperson

Registered Users (C)
I am in the last month or two of my i485 and have just married someone on F1 status. I have had conflicting advice about when to apply for her AOS. My
Lawyer says I should sponsor her and it will take 2-3 yrs. However, our friends say I should apply for her i-485 right now which is before my approval notice. She will then get her green card in a matter of months. My lawyers advice I know is the safest option as it will not interfere with my green card application, but what about our friends advice? Is is correct and is there a risk? The reason i mention risk is because I used the 180 day rule to change jobs and worry about how tightly same or similar job descriptions are defined by the INS, especially in light of the economic and political situation. I also now live in another state to my new wife. Any advice..
 
ACT ASAP

You must act fast. You can still add your spouse and get her 485 approved in a matter of months. There is category called "follow-to-join" application (look in Immigration and Naturalization ACT). There is no problem with it and I seen people doing it and I am personally doing it and in the final stages of my spouses approval.

You lawyer is FULL of SHIT and give him a mouthful. He is fooling around your application and trying to screw you.

No matter what apply for her 485 ASAP.

Cool-guy
 
No Title

Cool guy is right i have added my wife after i have applied for i-485 and she got her Green Card within 5 months.

Note: I did not used the 180 day rule.
 
direct links

Thanks for the advice. However, I checked out the follow-to-join section on the ins\' web page and it states the benefit for your spouse is dependent upon you being either a US citizen or a lawful permananent residence. It also says nothing about AOS. Do you have a more direct link for me to view?
thanks
 
more info

As stated, my wife is F1, and has been in the states for a number of yrs, so follow to join does not seem to fit our stituation. Also, i looked back at the i-485 forms and it states the derivative (spouse) may file i-485 concurrently with the principal (me) ,or, after the principal has been approved. My lawyer sees the latter as being the way for us a we were not married in time for the concurrent application. But what about the in between time when my application has not been approved? If we apply now does the INS effectively rip up the initial solo i485 application of mine. Seems like i\'ll lose a year but my wife will gain a yr!!! Risky business!!!
 
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