Still pending I485. Options to getting married overseas?

[grncrdskr]

Hi,

My current status is pending adjustment for I485 (AOS), under ROW, EB3 category and it has passed the 180 days period. I am a Canadian citizen and I used to be under TN1 and it expired couple of months ago. I do not have a H1 status. With the May visa bulletin out, it looks like visa will be only available for my category in the next fiscal year. So I am looking at mid of next year (may 2010) when the visa bulletin gets to my priority date.

My main question for people like me. Is this the best time to get married at home overseas and "add" my spouse to my pending I485 before the GC approval? What is my best option to get married and bring my spouse over to the USA? I have been reading about adding my spouse to my existing I-485, and Follow to Join. Please direct me to the best possible options. What other procedure am I missing?

1) Can I submit her application once I get married?
2) How long is the waiting period before she can come over?
3) Does my spouse inherit my priority date (primary applicant's date) or is she issued a new priority date?

Please share your experiences and thoughts in this issue. Thanking you in advance.

ROW and EB3 category
I-140 approved December 2007
I-485 pending since April 2008
priority date April 2004

 

[number30]

Hi,

My current status is pending adjustment for I485 (AOS), under ROW, EB3 category and it has passed the 180 days period. I am a Canadian citizen and I used to be under TN1 and it expired couple of months ago. I do not have a H1 status. With the May visa bulletin out, it looks like visa will be only available for my category in the next fiscal year. So I am looking at mid of next year (may 2010) when the visa bulletin gets to my priority date.

My main question for people like me. Is this the best time to get married at home overseas and "add" my spouse to my pending I485 before the GC approval? What is my best option to get married and bring my spouse over to the USA? I have been reading about adding my spouse to my existing I-485, and Follow to Join. Please direct me to the best possible options. What other procedure am I missing?

1) Can I submit her application once I get married?
2) How long is the waiting period before she can come over?
3) Does my spouse inherit my priority date (primary applicant's date) or is she issued a new priority date?

Please share your experiences and thoughts in this issue. Thanking you in advance.

ROW and EB3 category
I-140 approved December 2007
I-485 pending since April 2008
priority date April 2004

If she is also Canadian citzen get her TN visa marry after start the job with TN. Or Else you can ask employer to file H1B and she can enter with H4.

 

[TheRealCanadian]

Is this the best time to get married at home overseas and "add" my spouse to my pending I485 before the GC approval?

You cannot "add" a spouse to an I-485. She must enter the US, and file her own I-485, which she cannot do until your PD is current.

 

[grncrdskr]

thank you number30 and therealcanadian. here are my answers for your questions.

If she is also Canadian citzen get her TN visa marry after start the job with TN. Or Else you can ask employer to file H1B and she can enter with H4.

well she won't be a canadian citizen or canadian permanent resident, I am planning to go to Asia to marry her. With the current economical climate, H1B would not be feasible.

You cannot "add" a spouse to an I-485. She must enter the US, and file her own I-485, which she cannot do until your PD is current.

How about if I get married while waiting for my I485 approval and there is change in my personal information. How do I inform the USCIS that there is a change in my personal information? I started the process while I was single and now I am planning to marry. How about the follow-to-join procedure that I was reading about on the net? Most of the follow-to-join that I came across on the net were family based application. Does follow-to-join apply to employment based category as well? Or is this where the consular process kicks in to take of the business? And how long does consular process takes to complete?

On the other hand, Can she come over here once my priority date becomes current and USCIS approved my I485? I am pretty sure I will be married when USCIS finally gets to my file. I just want to make sure USCIS have my complete info and knows that I am married at the moment and I want to bring my wife to US. That is the reason I am asking about the procedure to "add" my wife's information into my I485 application before USCIS approval.

 

[TheRealCanadian]

How about if I get married while waiting for my I485 approval and there is change in my personal information. How do I inform the USCIS that there is a change in my personal information?

You can send them a letter, but it's not strictly speaking required.

I started the process while I was single and now I am planning to marry. How about the follow-to-join procedure that I was reading about on the net? Most of the follow-to-join that I came across on the net were family based application. Does follow-to-join apply to employment based category as well? Or is this where the consular process kicks in to take of the business? And how long does consular process takes to complete?

You'd file an I-824, and once your I-485 is approved the process would start at NVC.

On the other hand, Can she come over here once my priority date becomes current and USCIS approved my I485?

Sure. How?

I just want to make sure USCIS have my complete info and knows that I am married at the moment and I want to bring my wife to US. That is the reason I am asking about the procedure to "add" my wife's information into my I485 application before USCIS approval.

You don't need to tell them, just make sure you're married before your case is approved. Since EB3-ROW just became Unavailable for the rest of the year, that's certain to happen.

 

[grncrdskr]

How about if I get married while waiting for my I485 approval and there is change in my personal information. How do I inform the USCIS that there is a change in my personal information?

You can send them a letter, but it's not strictly speaking required.

So there is no specific form that I can fill to append my change of information but I can write a letter to inform USCIS about the change. Can I walk into any USCIS Application Assistant Center or fix an infopass to add the change in my information. I just want to make sure that I can append my wife's information into my I485 application and document the process with a date and time-stamp.

On the other hand, Can she come over here once my priority date becomes current and USCIS approved my I485?

Sure. How?

Well, if she has a husband who is a permanent resident. Can't she apply for a visa to come over. And then apply for I-485.

You'd file an I-824, and once your I-485 is approved the process would start at NVC.

How long does this takes? At the nvc, does she inherit my priority date for her visa availability or she have to start fresh with new priority date? And does she get a visa assigned for herself at the same time once my I485 gets approved if I managed to append my wife's information into I-485 application?

You don't need to tell them, just make sure you're married before your case is approved. Since EB3-ROW just became Unavailable for the rest of the year, that's certain to happen.

How do I prove to USCIS that I was married before USCIS made their decision? Can I go to the abroad local American Consular office to inform them that I got married? Do my "pending adjustment" status apply when I am dealing with the American Consulate in a foreign land? How can I document my marriage to be a bonafide event? Or can I perform a local registration or civil marriage to document the marriage event.

THanks again.

 

[TheRealCanadian]

So there is no specific form that I can fill to append my change of information but I can write a letter to inform USCIS about the change.

Sure. Again, the letter has no legal or practical purpose, but you're welcome to spend the mone yon the stamp.

Can I walk into any USCIS Application Assistant Center or fix an infopass to add the change in my information.

No.

Well, if she has a husband who is a permanent resident. Can't she apply for a visa to come over. And then apply for I-485.

No, she'd do follow to join via CP. No I-485.

How long does this takes? At the nvc, does she inherit my priority date for her visa availability or she have to start fresh with new priority date?

She has your category and your PD.

And does she get a visa assigned for herself at the same time once my I485 gets approved if I managed to append my wife's information into I-485 application?

Nope. The visa number will be allocated at the time of her consular interview.

How do I prove to USCIS that I was married before USCIS made their decision?

A copy of your marriage certificate, which you'll submit along with your I-824.

Here's the steps:

1) Get married.
2) File an I-824 with a copy of your marriage certificate.
3) Wait for your I-485 to be approved.
4) Wait for NVC to process your wife's immigrant visa.

 

[grncrdskr]

Thanks again therealcanadian.

Here's the steps:
1) Get married.
2) File an I-824 with a copy of your marriage certificate.
3) Wait for your I-485 to be approved.
4) Wait for NVC to process your wife's immigrant visa.

2) File an I-824 with a copy of your marriage certificate.

So I can file my I-824 plus marriage certificate before my I-485 approval, right? please correct me if I am wrong.

Then wait for some update on my I-864 application through snail mail or LUD on my application form online when I get my I-485 approved.Do I get informed about my progress in the I-824 application. How do I follow-up on my I-824 application progress when I know that my I-485 got approved? Do they inform my wife at the abroad embassy to get her started?

That last part where you mention about wait for NVC to process your wife's immigrant visa. Is there a waiting line just like EB3 on that one right now? Does it have a quick turn-around time?