On H1B awaiting I-485, would like to marry in time for wife to get GC

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msandid

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Hi all,

I currently have a valid H-1B visa until 12/2010. I have applied for GC thru work 3 years ago and already received my EAD, AP documents and I am just waiting for I-485 approval. I would like to go home in a month to marry. I was told I should do that BEFORE my I-485 approval so that I can bring my wife here and she obtains the GC when I do. I plan on:

- Return home for a week to marry and apply for (and obtain) my wife's H4 visa; like my H1B, the consulate said it should take 24 Hrs.
- Come back to the states with my wife.
- Once in the states, my wife will immediately apply for an I-485 so that whenever my status is adjusted, hers is as well.

Is my understanding of the process correct? Are there any other conditions (current dates?) that would prevent my wife from applying right away? If my H-1B (and hence, her H4) expires before my I-485 is approved, does she risk having to leave the country?

Are there any risks of which I should be aware? What will happen to her status here in case of major I-485 processing delays?

Thanks.
 
If your PD is not current, then she will not be able to file 485. She will be able to file 485 when your PD becomes current. You will have to maintain your H1 (and hence her H4) up to that time. A situation may arise when your PD becomes current and before you get a chance to apply her 485, your 485 gets approved. These situations do get worked out but will cost you some sleepless nights. Rest of your understanding is correct. Read the H1/H4 stamping threads and do good prepration on documents before leaving the US.
 
Thanks for the info Eric. My date is 02/2007. The current visa bulletin for my category (Employment, 3rd) says 06/2002 whereas the processing times in Nebraska (my center) are 09/2007.
- Is the visa bulletin the correct one to follow?
- On 12/2010, I would've used up my 6 yrs on H1B. Can I keep renewing it yearly so that my wife keeps her H4? I read it has to do with my LC having been filed more than 180 days ago or some measure like that.

As to documents to be prepared for H4, I had already asked my lawyer and the consulate. I need the usual application, marriage certificate, my H1B petition, copy of my passport and other easily-obtained docs. Am I missing anything important?

The H4 application at the consulate should be unrelated to any subsequent I-485 filing here in the US, correct?

Thanks again.
 
See answers in line marked --------
msandid said:
Thanks for the info Eric. My date is 02/2007. The current visa bulletin for my category (Employment, 3rd) says 06/2002 whereas the processing times in Nebraska (my center) are 09/2007.
- Is the visa bulletin the correct one to follow?
---------- Yes, visa dates have to be current before you can look at processing times.

- On 12/2010, I would've used up my 6 yrs on H1B. Can I keep renewing it yearly so that my wife keeps her H4? I read it has to do with my LC having been filed more than 180 days ago or some measure like that.
------------ Yes, you can keep extending it. It is 365 days and your LC has been filed more than 365 days.

As to documents to be prepared for H4, I had already asked my lawyer and the consulate. I need the usual application, marriage certificate, my H1B petition, copy of my passport and other easily-obtained docs. Am I missing anything important?
-------- Letter from the employer and few recet pay stubs will be helpful, although not required. Check the sticky thread in H1 forum and those should have detailed list of docs.

The H4 application at the consulate should be unrelated to any subsequent I-485 filing here in the US, correct?
------ Yes

Thanks again.
Click to expand...
 
urgent advice pleaase

Dear All

can any body help me answer my question , iam about to get married from h1 visa holder and he is about to get his GC within few weeks oe couple of months , my question is , am I eligible to apply on GC once I get married from him if he filed to me before he receive his GC, I'll appreciate any bidy help??

what else other tips I have to be carefull about ??:confused::confused::confused:
 
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