Pending I-485 aproval and marriage ?

K

kascor

New Member
Hi everybody,

I needed some advise on the seemingly complex situation ( to me ) because i`m a little foggy about the possibilities.

I am in India and I am currently engaged to a person who has I-485 approval pending ( applied in 1/03). We plan to get married in mid June. Expected date for his I-485 approval is atleast after July 1st with a very high likelihood of his status being current after that. he is on valid H1B visa status until 12/06. he has an EAD and AP and plans to return to US in mid July on AP and continue to work for the same employer and has not used/ nor plans to use his EAD.

The question is: If he returns to the US on advanced parole, AND his I-485 is approved by the time he comes back, what is the best option for me to optimise my chances of getting an EAD ?

1. Is it better to apply for a H4 on his H1 visa status - say sometime later in the year in october (depending on when i get the appointment at the consulate) ? With his approved I-485 - can i get an EAD if i enter the US on an H4 in the later part of the year ?

Or

2. or is it advisable to apply for a valid US visa like b1/B2 and a subsequent H1 ?


3. Or am i doomed to wait for many years until my immigrant visa get approved, when applied thru his GC for the family based immigration ?

Any other suggestions are appreciated.
thanks.
 
Clearly this is slightly complex situations which most of the people are advised to avoid. Once his PD becomes current, practically it could be approved any day after that, though it may take months also. Even if you come on H4, once the person gets his GC, you will be automatically out of status, provided you can't get your own. To answer your querries:

Here is what goes in these cases: Once his case is approved, you can't apply for EAD on behalf of his application and also his status will no longer remains H1, which means you can no longer hold H4 either. This situation immidiately put you in catagory of family based-2A catagory. Until that time, either you would have to stay out of country, if you have no visa of your own, or have to maintain your own status in US, say b1 or H1.

Only possibility, i could think of is if you could get your H4 visa done before july 1, and also submit your 485 application before that to USCIS. This though is not an easy task but this is one possibility. Otherwise, you should consider options of your own B1 or H1 status and stay on it until your family based case is approved.

Though, all options are tough but hope it will make you situation more clear.
 
Get married soon in court

I would recommend that your fiancee come to india in may itself, you get married in court & apply for H4 visa. (Of course get married traditionally too in mid june). But court marriage will help u to get h4 visa.

Subsequently both of u come back to US, so that your application for AOS can be attached to his.

It's gonna be hectic, but this is the only <somewhat> safe way I see for u. If his GC gets approved and u dont get B1/H1 visa, you'll have to wait for about 4-5 years.

GL.
 
Is the PD 1/03? Is it current? If so, you are on borrowed time. You shld get legally married asap, even then you might have to pray a little that the approval doesnt come just before your marriage date. In that case you are not eligible for FTJ or dependent 485 or H4. You could be looking a 4-5 yrs based on Family quota.

If you expect the PD to become current in July...you will know by june10th or so when the July bulletin comes out. You will be eligible for FTJ benefits since you will be married in June even if your spouse gets 485 approved on July 1. I think FTJ takes 1 yr, which is your worst case scenario. You need to get legally married, get your H4, enter US and apply 485 ASAP to be absolutely sure of not getting stuck. How much of this is practically possible due to social (marriage), logistical(h4 visa interview date) etc...you are the best judge.

Unless you just got engaged, I cant understand why you/your fiance got yourselves into this situation in the first place....
 
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