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tufan

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Friends,

This question is from my friend. Here are his case details:
Presently on H-1B(valid through next year)
I-485 pending at Nebraska Service Center. RD 4/2003.
FP1 completed 07/03(probably ready for FP2)

Here's the situation:

My friend is still single. He plans to get married in Feb-05. If for some reason his approval comes early what are his options?

For Ex in other words: If he gets married after the approval notice but before stamping, will his married be considered before or after the approval? Meaning can he still bring his wife on H-4 during this window period, and if YES, then when she applies for I-485 will the marriage be considered before or after the approval!


Anybody in similar experience please reply.
thanks in advance
-tufan.
 
Complex. Contact a lawyer for that. Why not he zooms to his country right away and gets married in court ? It is very difficult to bring someone in once AOS is approved. Law & USCIS always tend take negative route on such "windows". One of my friend rescheduled FP1 and ran to India to get married on 14th Nov :D Approval chances are rare w/o FP1
 
Last edited by a moderator:
If he gets married before his I-484 approval, then he can apply her I-485 in a "Follow to Join" category. If he marries after his I-485 aproval then he will have problems...
 
tufan said:
For Ex in other words: If he gets married after the approval notice but before stamping, will his married be considered before or after the approval?
Click to expand...

Stamping conveys no benefit upon the alien. If the marriage takes place after the I-485 is approved, the spouse falls under FB2.
 
USCIS considers a person to be a PR upon his/her I-485 getting approved, not based on passport stamping. Legally the person is entitled to all PR benefits the day from which their I-485 is approved.

Passport stamping is more of an administrative work.. to get card ordered... allow for travel outside the country...
 
tufan said:
For Ex in other words: If he gets married after the approval notice but before stamping, will his married be considered before or after the approval? Meaning can he still bring his wife on H-4 during this window period, and if YES, then when she applies for I-485 will the marriage be considered before or after the approval!
-tufan.
Click to expand...

1. IF he gets married after approval, but before stamping...his marriage is still considered "after approval".
2. Once his approval is thru..his H1 becomes invalid and the question of H4 do not arises, bcoz the spouse wont get her H4 approved.
3. Once the 485 approval is thru before marriage, the spouse wil have to go through consular process for which the wait time is in years.
 
All you guys are great. i don't know what i would do without all of you. Maybe we should open our own consulting company. He. He..

I will forward your replies to my friend and then i will get back to you if he has any additonal questions.

Bascially, the way i understand is to delay AOS when FP2 arrives as it has been over 15 months since FP1 expired. Secondly. i was under the impressiong that after the approval what if he is in India he could get married and bring her back on H-4, since he has not got the stamping? (I thought that stamping is not a formality as that's when USCIS takes I-94/EAD/AP's away). But seems like that's not the case. Correct me if i am wrong?

thanks
-tufan.
 
tufan said:
Bascially, the way i understand is to delay AOS when FP2 arrives as it has been over 15 months since FP1 expired. Secondly. i was under the impressiong that after the approval what if he is in India he could get married and bring her back on H-4, since he has not got the stamping? (I thought that stamping is not a formality as that's when USCIS takes I-94/EAD/AP's away). But seems like that's not the case. Correct me if i am wrong?
Click to expand...

Visa is given by State Department, POE is maintained by BCBP and immigration status is determined by USCIS. And they have communication gaps. So it's very usual that consulate did not know about husband's GC status and therfore approved wife's H4. But unfortunately that does not provide any opportuntity to file her I485 and get it approved.

Secondly, in this forum I noticed a few approvals without 2nd FP even though their 1st FPs were expired long back. So, FP2 (if you get) is good a handle to delay your AOS approval, but don't count on it 100%. If you really serious about getting her in USA with you, think about getting married early. You always have to remember that the wedding date is important and it matters.
 
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