Urgent - filing 140 & 485 before marriage (EB2)

M

mrcoolxyz

New Member
Am looking for advise for my situation ...

My EB2 PERM got approved early this month and I have all the documents for filing I-140 and 485. I'm going to India in December to get married.

So should I file my 140 & 484 now for myself and then include my wife (not sure how) or should I just file 140 and wait till my wife is here to apply for 485?

Problems with filing 485 now:
- my wife cannot file 485 & would have to be on H4 till the priority dates become current
- thought I can get EAD, I have to maintain my H1 satus so that my wife is on H4

Any other complications? Please advise guys.
 
You should maintain H1 status, so that your wife continue H4 status. Also since the girl is already finalised, you can rush now and do a registered marriage now and later in dec you can have proper marriage. Once you come back you can file your 140/485 and consular process/follow to jon application for your wife before Oct 1.

Best of luck.
 
indianimmi said:
You should maintain H1 status, so that your wife continue H4 status. Also since the girl is already finalised, you can rush now and do a registered marriage now and later in dec you can have proper marriage. Once you come back you can file your 140/485 and consular process/follow to jon application for your wife before Oct 1.

Best of luck.
Click to expand...

Thanks for u'r response.

I can go to India and get a registered marriage done, but I dont think I can have her on H4 before the end of this month. H4 visa interview dates are not available for the rest of the year :(. Also my lawyer says that the girl should be here in US to file for 485.

Any other alternatives?
 
You no need to bring her immediately, after the registered marriage you can collect all her document copies(passport,marriage cert., birth cert etc.,- check with your lawyers what other documents required) before you leave from there. After coming here you can file your 140/485 and can file consular process for your wife from hereitself.(she don't need to be here to file consular processing). Hope this helps.
 
So, If we apply foolow to join application, then we can add spouse to the application even if the dates were not current?

indianimmi said:
You should maintain H1 status, so that your wife continue H4 status. Also since the girl is already finalised, you can rush now and do a registered marriage now and later in dec you can have proper marriage. Once you come back you can file your 140/485 and consular process/follow to jon application for your wife before Oct 1.

Best of luck.
Click to expand...
 
NO, you can't. Nothing can't be done without visa numbers. Follow to join option is just to make sure your spouse can be added to your current 485, instead of going to family based GC(which will take >5 years)
 
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