SOS -- Need Urgent information on including wife while on EAD/I485

sanjeee

Registered Users (C)
I'm on EAD . I am going to get married next month. She is an Indian citizen. I did talk to one lawyer .They suggested that u can include your wife in I485/ EAD stage by filing consultate processing for your spouse. I dont know if its true. Does anyone has gone through this process.
Lawyer told me that you need to send your aprroved I140, pending I485 along with Marriage Registration Certificate to NSC and they will send Form DS230 for your wife and then you can apply for your wife consular processing.

Experts : Please advice me if this or any other option available to me.

Sanjee
 
http://www.immihelp.com/greencard/adjustmentofstatus/dependents.html

Marriage/Child birth before becoming permanent resident

If the spouse or child is in the United States on a valid visa, the individual derivatives may file their Form I-485 adjustment of status applications concurrently with the Form I-485 for the principal applicant or any time before I-485 is approved.

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All single H1/L1 applicants who maintain their non-immigrant status by not using EAD or traveling on AP, can get married after filing adjustment of status application and bring his/her spouse on H4/L2 before the adjustment of status application is approved.

Even though Part 7 in form I-140 indicates to include the dependents, it is fine to get I-140 approved and then get married and then apply for adjustment of status. If the person is already in US on valid nonimmigrant visa, it is also possible to get married in US and file adjustment of status for spouse.

If the spouse or child is residing abroad, the person adjusting status in the United States should file the Form I-824, Application for Action on an Approved Application or Petition, concurrently with the principal's adjustment of status application (or any time before principal applicant's I-485 is approved) to allow the derivatives to immigrate to the United States without delay if the principal's adjustment of status application is approved. The fee submitted with the Form I-824 will not be refunded if the principal's adjustment is not granted. Such dependent would go through Consular Processing.
 
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