Request for your suggestions: 140 approved. Marriage and 485

O

onlooker

Registered Users (C)
My I-140 was approved from California in less than a month. I have a question regarding the filing of 485. Can I file for 485 and then go to my country, marry and bring my future wife here once I file for 485. I will great greatly appreciate your time and knowledge in this regard. Thanks very much for your suggestions and good luck for you in your case processing.

Regards, Onlooker
 
go back to marry her tommorow on H-1B

It depends on how your 485 is going on at INS. Once your 485 get processed you have no chance to add any dependents. I am not sure if you can withdraw your filed 485 (I heard you can if within 6 months). SO the best way is to go back to your country tommmorow and get married. Your wife can apply H-4. After you two are are in US file 485 together. Your lawyer must have definite answer to this. Enjoy.
 
Processed or approved

I know that once I485 gets approved we cannot add spouses, but what do you mean by processed? Is it same as approved. Also can someone let me what is the approx. time for I485 to be processed(so that we cannot add spouse after that time) at CSC? I am planning to apply for I485 next month and my marriage will be in early Feb next year.
 
Once you file your 485 it might not be easy for you to put your wife on the application. And if you file for her after your application is approved it will take not less than 5 years for her to come. Your can marry by proximity then attach the marriage certificate with your 485 application in that case she can come if your are approved then you can go ahead and marry officaally in feb as you are proposing. This is my view contact a lawyer for more advise but that is what am going to do for myself.
 
A. The law in this regard is that if a 485 or CP applicant is married before their green card approval occurs, their spouse will get their green card either with the main applicant or quite soon after main applicant's approval. If the applicant gets married after their green card approval, then they have to apply for their spouse separately. That process could take several years.

Some points to note:
- Spouse does not have to be in USA to get green card. The main applicant can go through 485, while spouse goes through CP (also know as "following to join")

- The marriage does not have to occur at a specific time. As long as the marriage has taken place before 485 or CP approval, the spouse qualifies for simultaneous GC.

- The same law applies whether you were never married, divorced or widow(er)ed.


Regards.
Law Offices of Rajiv S. Khanna, PC
 
485, 140, CP and Marraige

Hello Shivanee,

Your answer to the marraige question was helpful, but could you clarify on one thing.

I am a bit ahead of myself, I am still having labor pains in labor certification, but wanted to be ready and prepared for the next step.

I intend to do a CP when the Time comes. The question is this.
I am an Indian Citizen, My Girl Friend is a German Citizen and is on a F-1 Visa.
If I want to do CP how do we handle this marraige issue?
Do we both go to India for CP or do I go to India and she goes to Germany??
Could you please clarify this??
Oh. We are not currently married, I am just being proactive.
 
485, 140, CP and Marraige

Hello Shivanee,

Your answer to the marraige question was helpful, but could you clarify on one thing.

I am a bit ahead of myself, I am still having labor pains in labor certification, but wanted to be ready and prepared for the next step.

I intend to do a CP when the Time comes. The question is this.
I am an Indian Citizen, My Girl Friend is a German Citizen and is on a F-1 Visa.
If I want to do CP how do we handle this marraige issue?
Do we both go to India for CP or do I go to India and she goes to Germany??
Could you please clarify this??
Oh. We are not currently married, I am just being proactive.
 
I am in the same boat, filed my I-140 but waiting to file for I-485 as I am not sure about the marriage issue.

Onlooker, send me an email at savant9981@yahoo.com and we can share our expereinces, looks like we are in the same boat here
 
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