Question about GC and marriage - Please help !!

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bmt74

Registered Users (C)
Hello gurus,

My EAD and AP are approved, waiting for my I-140 approval. Currently I am working as a consultant, but planning to become a full time employee at the client company as soon as my I-140 is approved. I am going to India in Feb 2004 to get married and planning to bring my wife back in March 2004(H4 visa). I will include her in my I-485 applicatin then. She is in the final year of the college and she has to be in India for her final exams in May 2004.

My questions are:

1) I am not sure what is the process to include her name in my I-485 process. My attorney told me that she will be added as "follow-to-join".

If that is the case, how long she has to be in US ?. The reason is -She needs to go back to India for her exams after a month. Is this possible ?.

Bottomline is if this is not possible, then I don't want to marry this girl.

Your inputs are highly appreciated as I don't have much time.
 
Hello gurus,

My EAD and AP are approved, waiting for my I-140 approval.
--- When did you file I-140? What is the service center?.
----------- Maintain H1 status, go to India get married bring your wife on H4 visa, as she reaches US immediately file her I-1485, EAD, AP. You need your I-485 filing receipt and her I-485 will be attached to your pending I-485 file and will be approved with your I-485 and she will get GC with you. Remember after filing her I-485 she will need valid H4 visa to return back to US as you mentioned she has to go back to India for exams in may . you should maintain your H1 status so that she can again enter on H4 visa stamp . if she gets her AP approved while she is IN US then she can enter on AP before AP expiry date. I would maintain my H1 status so that she can come back again on H1 because if I-140 is denied then EAD, AP, I-485 all will be denied. The best options maintain H1 and if 6 year H1 expiring file 7th year H1 extension
Currently I am working as a consultant, but planning to become a full time employee at the client company as soon as my I-140 is approved.
---- Join the new employer with H1 transfer, don’t join on EAD and don’t use EAD because you need your wife to be back on H1 visa status if you use EAD you will NOT be on H1 status. Wait for the I-140 approval and I-485 should hit 180 days. Many lawyers think that final AC21 regulations may be published in Jan/feb 2004
I am going to India in Feb 2004 to get married and planning to bring my wife back in March 2004(H4 visa). I will include her in my I-485 application then. She is in the final year of the college and she has to be in India for her final exams in May 2004.

My questions are:

1) I am not sure what is the process to include her name in my I-485 process. My attorney told me that she will be added as "follow-to-join".
----- Read above
If that is the case, how long she has to be in US ?. The reason is -She needs to go back to India for her exams after a month. Is this possible?.
----- if you maintain H1 and she files her I-485 AND if she has valid H4 visa in passport then she can be back to US on H4 visa. one can file I-485 and same time can be on H1 or H4 status
Bottomline is if this is not possible, then I don't want to marry this girl.
------- Why are you threatening us I am not “this girl”? Do what you like.
Your inputs are highly appreciated as I don't have much time.
---- Nobody has much time
 
Ginnu,

Thanks for your quick reply. Unfortunately my client will not hire H1 candidates..and I am in a situation where they want me join as soon as possible. They have waited so long
 
Ginnu,

I thought about this further and came up with more questions:

1) Even if my client is willign to sponsor H1, can I do that ? Is it going to affect my GC process with my currect employer ?

2) After my wife comes to US, can't she apply for I-485, EAD and AP and then leave for India ? (assuming there will not be any RFE's). Once the AP is approved I can send that to India and she can use that to re-enter US. Is this possible ?.

I am really trying to find a way to join the client using EAD. Thanks again for your help.
 
I thought about this further and came up with more questions:
----- I knew you will come up with more questions or you might have threatened the “girl”
1) Even if my client is willi gn to sponsor H1, can I do that?
---- If your new employer is willing to do H1 to H1 transfer you don’t have any problems
Is it going to affect my GC process with my currect employer?
------ Your employer can revoke the I-140 before approval, if he agrees not to revoke the I-140 then no problem as GC is for future job
2) After my wife comes to US, can't she apply for I-485, EAD and AP and then leave for India?
---- Yes she can apply I-485, EAD AP, BUT if she wants to use AP then her AP should be approved while she is IN USA
(Assuming there will not be any RFE's).
Once the AP is approved I can send that to India and she can use that to re-enter US. Is this possible?.
----- NO, NO she has to apply AP in US and her AP should be approved IN US before she goes out of US. If she leaves while AP pending and she departs US and try to use the AP that was approved in her absence from US then she will be denied entry on that AP.
I am really trying to find a way to join the client using EAD. Thanks again for your help.
------ if interested in joining employer ask him to do H1 to H1 transfer or use EAD and loose H1 status( what is the problem? Anyway you are not going to marry that girl, do you?)
 
Seems like there are too many complications. There is no point in talking about this until I get my I-140 is approved, so I am going to wait it gets approved and then take it from there.

Appreciate your time and inputs !
 
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