Please Help...Getting married when 485 Pending

A

AlterEgo

Registered Users (C)
Hi All,

My 485 is pending since June 2004. I also have valid H1B petition till July 2006 (but I do not have H1B visa stamped on my passport) I am planning to get married in February 2006 and I am confused how should I bring my wife in USA?

i) If my 485 remains pending till Feb 2006, can my wife get H4 visa when I will be travelling on Advance Parole, have a valid H1B petition but not an H1 visa?
ii) Is there any way to ask INS to delay processing of my I-485 till I get married?
iii) Once my wife gets in USA on H4 visa , can I include her in my I-485 application so that both of us will get our I-485 approved together?

Please advise or share your experience.

Thanks.
 
hi AlterEgo,

What is your Category EB-2/3?. Unless you give this info. I cannot tell you. If you are in EB2 category, your approval is around the corner. And also provide your PD?

Thank You
 
AlterEgo said:
i) If my 485 remains pending till Feb 2006, can my wife get H4 visa when I will be travelling on Advance Parole, have a valid H1B petition but not an H1 visa?.
Click to expand...
Counsulates in India does not require the primary to have H1 stamp to issue H-4 for spouse. You just need a I-797 (H1 approval) with valid I-94 attached to the bottom. You shoulld not work on EAD or else the spouse won't be elegible for H-4.
AlterEgo said:
ii) Is there any way to ask INS to delay processing of my I-485 till I get married?
Click to expand...
You must have checked "Do not approve till I get married" box:) You can withdraw your I-485, you will still retain your PD, and reapply after you get married.
AlterEgo said:
iii) Once my wife gets in USA on H4 visa , can I include her in my I-485 application so that both of us will get our I-485 approved together?
Click to expand...
Only if your PD is current the wife can apply for I-485. There is no guarantee that both will get approval together. Sometimes dependent will be approved several weeks or months later.
 
Last edited by a moderator:
Eb3

Hi Freedom,

I am in EB3 category. and my Priority Date is May 2002. Non-retrogressed country (not from India)

Any idea if it will be approved or remain pending till Feb 2006?

Thanks.
 
AlterEgo said:
Hi Freedom,

I am in EB3 category. and my Priority Date is May 2002. Non-retrogressed country (not from India)

Any idea if it will be approved or remain pending till Feb 2006?

Thanks.
Click to expand...
Your situation is kinda dicey.
EB3 was current for most countries (till it became unavailable, that is !!) -- its most likely expected to remain current worldwide (except Ind/Chi/Phi) till around December or so.
Even after that I think the cut-off date for worldwide (if any) would definitely be after May 2002 (the last cutoff for EB3 was June 2002)

So in effect, there is a very very high chance of your 485 getting approved by Feb 2006.
What's your 485 ND ?? Is it past NSC processing dates ?
Is there any chance your wife can come here to the US and you can get married here ? You can always go back & do the "formal" wedding in Feb !!

Damn - your case is close to approval and that's not what you want to happen .... I guess no one likes what they get from USCIS :)
 
AlterEgo said:
I am confused how should I bring my wife in USA?
Click to expand...

First Read this How to.....

http://uscis.gov/graphics/howdoi/spouselive.htm


Once u understand How to and ur option then here is sotming u to und very clear,

1. if u get married and can bring ur spouse using H? here before ur 485 get approved, u file 485 for her as dependant, in almost many cases u get both approved together, becz u already have filed urs, so it may be few month gap for her to get approval, but be hopeful.

2. if u get married and couldn't bring her here before ur 485 approved , u go FTJ path , mean Following-to-Join Path to bring her here , its shortcut.

Read FTJ thread from page 50-100 there is lot of thing to und the process

http://boards.immigrationportal.com/showthread.php?t=96693&page=100&pp=15



3. if u get married AFTER ur 485/getting ur GC, all I can say the worst scenario u both would be facing, this mean getting married after 485 is 5+ year story, she have to wait for 5 year to get eligable to apply her GC at consulate, after only after 3 yrs wait she can get V/K visa. that the situation u should avoid it.


First decide what path u want to go,

Best first option is

1. Get married/ or just Bring here and get married here before ur 485 approval.

2. FTJ path, mean u married and she is not here in US physicaly u file FTJ benifites for her through consular process , may take upto 2-4 months.

3. Get married after 485 ........ Don't even think about it, u will messup ur life and u both would get nothing than painful wait.


Good Luck
 
Last edited by a moderator:
Notice Date

Hi Max and Prince,

Notice date for my I-485 is July 2004. I saw NSC is processing cases filed in December 2003 but there is no indication of what speed will they keep on processing the cases after Octobor when visas become available.

Thanks for your reply, I have to read the links Prince posted. By the way, my attorney suggested we can just send a letter to USCIS to delay processing a few months and it may work....what do you think?


Thanks,
AlterEgo
 
AlterEgo said:
Hi Max and Prince,

Notice date for my I-485 is July 2004. I saw NSC is processing cases filed in December 2003 but there is no indication of what speed will they keep on processing the cases after Octobor when visas become available.

Thanks for your reply, I have to read the links Prince posted. By the way, my attorney suggested we can just send a letter to USCIS to delay processing a few months and it may work....what do you think?


Thanks,
AlterEgo
Click to expand...
I really don't think you would have sufficient examples of people sending letters to USCIS asking for a DELAY !!!!
USCIS does that for free :D

Am not sure if that would work at all.

Since your RD is not yet under NSC's timeline, you have a slim chance as long as PD is current.
When PD gets retrogressed for your country, you'll have trouble -- why
...because at that time, NSC would most likely start processing based on PD and not RD (which is what they did a few months back for other EB3/retro cases)
As I said before, if a PD cutoff is established your case would most likely not be effected by that - which is bad because then your case would be picked up for adjudication.

I think your chances are better as long as PD is current (even that's not a sure shot -- NSC has most definitely processed cases way out of line before).

You need to seriously consider if you can get your wife-to-be into the US on a H or L visa & get married here and file for 485 (don't try to do this with a visitor B1/B2 visa though - that will be more trouble than you want !!)
 
I don't think asking USCIS to delay your process is a good idea. If I was in your situation I would let my case going as is, and based on the situation around the time of marriage would decide what to do. The best option in my mind would be to bring spouse here on B2 / H1 / or L1 visa. After coming here file her GC either as Follow to join or as dependent depending on the status of your GC approval.
 
>>>>>> my attorney suggested we can just send a letter to USCIS to delay
>>>>>> processing a few months and it may work....what do you think?


Help us out to eliminite the difficulty to guess who is more moron in that scenario of intentionally delay of GC process,

The person who purposed the idea? or the person who accept it.



If the bride is not under-age(US law) and u are not waiting her to become legal age then, don't wait, Go home get married, registered it, bring her here with u, and file her 485,

If u fall in same legal-age situation like "MIke cordozza" was then wait for FTJ option.
http://boards.immigrationportal.com/showthread.php?p=873764&highlight=age#post873764


FTJ is still uncertain painful path to go unless u have no choice and u couldn't bring her here.

Good Luck
 
Last edited by a moderator:
Marriage by Phone

Hi Guys,

I saw NSC's processing dates for EB3 moved to Feb 2004. My case with ND= July 2004 and PD = May 2002 may get approved in just a few more months. At the same time It is getting hard for me to get time off from this project to go back and get married soon. A friend of mine suggest marriage by phone, do you guys have any idea about it? Will USCIS recognize it for my GC application and does US consulate issue visas based on marriages by phone?

Thanks,
 
this is my absolutely persanal view,

nothing is more important then your life and family. GC will anyway come. Go home ASAP, get married in court and take your for H4 visa. Later even if 485 is approved no worries. Why to go for marriage by Phone(?) . How many times in your life do you think you will get married.
 
AlterEgo said:
Hi Guys,

I saw NSC's processing dates for EB3 moved to Feb 2004. My case with ND= July 2004 and PD = May 2002 may get approved in just a few more months. At the same time It is getting hard for me to get time off from this project to go back and get married soon. A friend of mine suggest marriage by phone, do you guys have any idea about it? Will USCIS recognize it for my GC application and does US consulate issue visas based on marriages by phone?

Thanks,
Click to expand...
I don't think doing this over the phone would be acceptable.

As suggested go home & at least do a registered marriage -- make sure you get the paperwork for it completed while you are there.

I would tend to agree that your work & projects should not be more important than this -- but hey, its your life and your call -- you be the judge on what's more important for you :)
 
AlterEgo said:
A friend of mine suggest marriage by phone, do you guys have any idea about it? Will USCIS recognize it for my GC application and does US consulate issue visas based on marriages by phone?
QUOTE]



They won't, both parties should be physicaly present on the place where Legally M-Lock is occured.

If u still don't und then try to visit your local civil court and tell them that u are here to register ur marriage and see what do they say to you.

Good lUck
Click to expand...
 
Getting AP immediatly

Besides project commitments there is another problem to quickly travel. My AP (Advance Parole) is expering in a few days. I already filed for an extension in mid August but haven't received any response back from USCIS yet. Is there a way to get AP quickly if I want to travel for this purpose before Octobor?

Thanks again for your replies.
 
AlterEgo said:
Besides project commitments there is another problem to quickly travel. My AP (Advance Parole) is expering in a few days. I already filed for an extension in mid August but haven't received any response back from USCIS yet. Is there a way to get AP quickly if I want to travel for this purpose before Octobor?

Thanks again for your replies.
Click to expand...
Unfortunately, no.
AP can only be expedited for truly emergent circumstances (like a close family member falling very sick or something like that)
You can't get it expedited for issues like this (which is considered more or less a "convenience" thing)

You only filed in mid-August -- its too early to expect a response - I think it take about 45 days on an average - sometimes more than that.
 
You must log in or register to reply here.
Top