question on marriage and 485

L

long_wait_4_gc

Registered Users (C)
Hi - you all have probably heard all the possible permutations of marriage and 485 and what if scenarios.

Here's an easy question for you gurus

1. My 140 is approved, 485 pending for 15 months.
2. I got married recently and wife just moved here
3. Her medical and stuff is taking a little time
4. she is on H4 with me in the US

So, WHAT IF, I get approved BEFORE she files her I485? Is there any impact and waiting period as a result of this?
What would be the resulting procedure...

Her H4 is valid till Oct 2005.

thanks
Long_wait
 
It is my understanding that it sould be like this:

1. H-4 is terminated as soon as your H-1B is terminated by granting you the Green Card.
2. Therefore, the spouse has no legal means to remain in the country and would have to leave immediately (e.g. no "grace" period).
3. Since you were married before your Green Card was approved, your spouse can go through "follow-to-join" process pretty easily. It takes some time, and for that time she would have to remain outside of the US.

Considering that follow-to-join process may take a very considerable amount of time, you might want to file the AOS for her as soon as humanly possible. Besides, there are no guarantees that her AOS file will be joined with yours, so the chances are that your cases will be adjudicated separately at different times. It means that the sooner you file, the sooner you get the Green Card for her.
 
Originally posted by long_wait_4_gc
Hi - you all have probably heard all the possible permutations of marriage and 485 and what if scenarios.

Here's an easy question for you gurus

1. My 140 is approved, 485 pending for 15 months.
2. I got married recently and wife just moved here
3. Her medical and stuff is taking a little time
4. she is on H4 with me in the US

So, WHAT IF, I get approved BEFORE she files her I485? Is there any impact and waiting period as a result of this?
What would be the resulting procedure...

Her H4 is valid till Oct 2005.

thanks
Long_wait
Click to expand...

Whatever Bitterman mentioned is correct.
I had the similar situation - getting married before I485 approval, I don't know why her medical is taking long time - normally it does not take more than 1 week. If some facility is lazy and taking longer time I would advice you to go some other place. Basically you have to start doctor shopping and spend few extra bucks. Just ask on phone how fast they can provide the result and request if they can provide the result faster as this is an urgent situation. I guess you have the list of USCIS approved doctors in your area.
 
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