Please Help..need info about Fingerprinting/485/Marriage

A

amma2002

Registered Users (C)
Dear friends and experts in the forum.

Could you help me with these.

My 140/485 are pending and I just received a notice for fingerprinting to be done at Newark,NJ at the end of March.
I am planning to get married in May/June this year.My question is - How does this process apply to my spouse. Can I include her name before 485 is approved. Based on the dates I see, my 485 should take another 4-5 months.
How does this process work.Say,for example, if I get married in May and bring the girl with me then how can I include her in my GC process as I will be doing my finger prints in the next couple of weeks. What should I do after the marriage.Do I have to appy for her EAD/485 and then she will get her finger printing notice separately.How does it work.What is the process.

This forum always helped with proper responses and I really appreciate your help.

Thank you in advance

Regards,
SK
 
Hi,
Mine is filed under EB2 and my lawyer told me that I can expect 140 anytime as they are working on EB2 cases filed in March 2004(tracking times on DOS site shows EB3's) and my PD for both 140/485 is April 2004

thanks again,
SK
 
Don't worry. As long as your I-485 is not approved, you can always bring your wife in. My friend was in the same exact situation as you are in. His I-140 was approved. He, however, kept on postponing his finger printing fearing that I-485 might get approved anytime after FP. He got married - sent documents to her for visa (H1 ONLY) - she got the visa - flew here - he then went for finger printing - both are now happy :) So, enjoy your bachelor life for some more days ;) Congratulations, btw!
 
Hi Nice User Id(creative!!)

thanks for the response. I have another situation here.Could you tell me if you happen to know something on these lines.

I am planning to get married in May/June and I have my EAD/AP.I am trying to get married before my 485 is approved.

I have received my fingerprinting notice which is scheduled at the end of March this year

Now, Here is my situation and our plan.

Plan A:
-------
-my parents are looking for a girl who holds a F1/H1/B1/L1 visa
-I understand that if I use my AP/EAD at the port of entry then I will lose my H1 status automatically.

My question is- for example-If i enter USA on my AP and the girl enters on her F1/H1 visa then will I be able include the girl's name before my 485 is approved. Can I include her in my GC process like this.


Plan B:
-------
-I am also trying to get an appointment in our regional US consulate(Chennai,India)which generally gives hard time to somepeople who go for stamping.So, if I can get an appointment when I go there and if I can get my H1 stamped in my passport then I will be able to sponsor my spouse for her H4.They have all kinds of funny rules there.I am from southern region in India and I am not allowed to go to any other region in the country and I don't know what to do if I can't get an appointment.In order to avoid all these stamping/appointment headaches, we are looking for a girl who already has a valid visa to enter US so that I can include her name as soon as we both come to US.But I don't know if this is possible

Could you help !!

thank you
 
amma2002 (God bless her!),
These are just my personal opinions gained from the information posted on this forum by these wonderful people.

PLAN A:
======
No Problem at all. If your parents find a girl who holds any of the visa types you mentioned, she can enter US with that visa. Once she enters, you can always add her to your I-485 process. And yes, if you use your AP/EAD at the port of entry, your H1 is deemed void. But that should not stop you from adding her to your I-485 process.

PLAN B:
======
Now I am confused about your current status. It appears to me that you have an H1 approval notice without visa stamping. Am I correct? Your situation is little tricky, but not unusual. Who told you that you cannot go to other consular offices if you belong to chennai consular district? Below are some excerpts from http://www.ttsvisas.com
saying that you could under certain circumstances. I think your case fits here. If you are still in doubt, best thing is call Calcutta or New Delhi embassies.

"U.S. VISA-SEEKERS FROM CHENNAI MAY APPLY IN DELHI, KOLKATA - In certain limited circumstances the U.S. consular sections in New Delhi and Kolkata accept non-immigrant visa applications from some applicants residing in the Chennai consular district. Delhi and Kolkata will accept out-of-district applications only from persons who speak English fluently, have not previously been refused a visa for any reason, and who can demonstrate need to travel before an appointment is available at the US Consulate General serving their place of residence. The average wait for an appointment at New Delhi and Kolkata is currently 6 weeks."

Again, these are all my personal opinions - I am not a lawyer as I suck in arguments.
 
amma2002 said:
Plan A:
-------
-my parents are looking for a girl who holds a F1/H1/B1/L1 visa
-I understand that if I use my AP/EAD at the port of entry then I will lose my H1 status automatically.

My question is- for example-If i enter USA on my AP and the girl enters on her F1/H1 visa then will I be able include the girl's name before my 485 is approved. Can I include her in my GC process like this.
Click to expand...
You only use AP at POE, EAD is exclusively for work authorization. Also, if you have a valid H1B approval, using AP DOES NOT MEAN YOU WILL LOSE H1 status. So plan A is fine, just wanted to clarify some things for you.

amma2002 said:
Plan B:
-------
-I am also trying to get an appointment in our regional US consulate(Chennai,India)which generally gives hard time to somepeople who go for stamping.So, if I can get an appointment when I go there and if I can get my H1 stamped in my passport then I will be able to sponsor my spouse for her H4.They have all kinds of funny rules there.I am from southern region in India and I am not allowed to go to any other region in the country and I don't know what to do if I can't get an appointment.In order to avoid all these stamping/appointment headaches, we are looking for a girl who already has a valid visa to enter US so that I can include her name as soon as we both come to US.But I don't know if this is possible

Could you help !!

thank you
Click to expand...
--Again a clarification. You do not need to have a visa stamp to sponsor your spuse on H4. Since you have a valid H1B approval, you can sponsor your spouses H4, even without a H1 stamp in your passport. All you will need is you H1 b approval, passports copy and marriage proof.
 
Hi friends,

thanks for your your input and suggestions. This forum is wonderful(as always).

Beerutaganu(you said God bless her, but she is no more...i've lost her in 2002, thanks anyway)..thanks for your suggestions.

Sertra2002---thanks to you too..I liked your second clarification but the first one was not true to my knowledge as I got that information long ago from my lawyer.
 
amma2002 said:
Hi friends,

Sertra2002---thanks to you too..I liked your second clarification but the first one was not true to my knowledge as I got that information long ago from my lawyer.
Click to expand...

This is 'one of those topics' where you will get conflicting views, yes even from lawyers !! Do a search on this forum on 'AP and H1 Status' or something similar and see what you can find. As always make your own mind after doing your research. Secondly information gleaned 'long ago' should not be relied on as rules change.

Well I did the research for you, so here are a few posts on this topic. As I said, it is one of those topics that you will get conflicting views on.

http://immigrationportal.com/showthread.php?t=154517&highlight=AP+H1+Status

http://immigrationportal.com/showthread.php?t=166314&highlight=AP+H1+Status

http://immigrationportal.com/showthread.php?t=165137&highlight=AP+H1+Status
 
Last edited by a moderator:
You are perfectly right. This is a conflicting issue. It is always good to have a backup(H1 or AP one or the other).God, there are a lot of conflicting things about this.Anyway, thanks again for your information.
Good luck to you too.
 
Hi friends,

I have my 8th year extension approved petition papers(Valid until Jan2006) but i don't have it stamped in my passport. (I have EAD/AP but never used them..i have them as backup).My 140/485 is pending(filed together in April 2004) and I have just received fingerprint notice.
I am plannning to get married(don't know with whom)in May/June.Per my lawyer 140 should be approved anytime(mine is EB2) and I should be able to include her name before 485 is approved.

My problem is-How can I bring the girl without me having my H1 visa stamped( i guess it's not necessary to obtain H4).If I go to India and get married then what are my options to bring the girl/include her name before 485 is approved .I am trying to get rid of stamping headache in Chennai and of course now the slot system is another pain.My parents are trying to find a girl who's already in US/who's in India with a valid US visa so that I can go there ,get married and I can enter with my AP and she can enter with her own f1/h1/somevisa.But, we couldn't find anyone yet.

So, could anyone tell me is it possible to bring the girl from India without me having a visa stamped...what are my choices...How can she come here.One of my friends just told me that, I can go there, get the registered marriage certificate first and I can come back to US and send that certificate along with some forms to my lawyer and she can come here in 3 months with an assumption that 485 doesn't get approved by then.

He said that it is not 'V' visa(which could take years) but something else but he's not sure. Is this true...Is it possible...What should I do..



PLEASE HELP...PLEASE.
 
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