Request for your suggestions: Marriage and 485

O

onlooker

Registered Users (C)
My I-140 was approved from California. 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
 
You can travel abroad on a pending 485 in a couple of ways. If you have a valid non-immigrant visa (say H1 multiple entry) or if you apply for advanced parole (travel permit) when you file for 485 and obtain parole. The question is on what visa would you bring your spouse to the U.S. Remember that when she applies for a visa (say H4) she is not supposed to have an intent to immigrate and this may cause problems if it is evident that you have filed for permanent residency. In addition once she is here you would have to add her to the 485 application...I think this is possible as long as you amend your application before your application is adjudicated.
 
Rastamandrum

H4 should not be a problem if he is on H-1, and that is a dual intent visa, so they may apply for immigration (485). It is F (student) or B (visitor) type of visa, which might create a problem.

onlooker, you may apply for your 485, get married later, and include your wife in the 485 application as long as your application is pending.
 
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