Reply from Ron Gotcher ......
The important thing is to get married (and have the marriage registered) before the INS approves your adjustment of status. If you do this, your spouse will become eligible to immigrate using your preference category and your priority date.
If you are married, and your spouse is still abroad when the INS approves your adjustment of status, then you will need to have them process an I-824 application to notify the overseas consular post of your adjustment. To be safe, you might want to file that application now, so that it will be in the file when they approve your AOS and can act on it immediately.
If your adjustment has not been granted, and your spouse wishes to apply for an H-4 visa (assuming you are still entitled to H-1 status), then he or she may come to the U.S. and apply for adjustment of status immediately. In that case, a copy of your adjustment of status fee receipt notice should be included in the application, so that the INS can try to put the two files together.
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James R. Gotcher
Attorney at Law
The Gotcher Law Group, PC
15300 Ventura Boulevard, Suite 507
Sherman Oaks, CA 91403
Tel: 818-990-4922
Fax: 818-990-4964
E-mail:
JRG@GotcherLaw.con
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Thanks for Your Reply Ron !!
What I am hearing is to file a I-824 Application right now even before I get married to notify the Consulate to save time later.
After getting married ,If the Spouse is in home country and has a valid H-4 Visa Stamp in passport by a consulate , but before she arrives in U.S , my 485 gets approved and I donot get my I-551 stamped in my Passport or receive my approval notice.
Would the Spouse be able to legally enter U.S.A ?
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Yes you should file the I-824 now, as it will definitely save time. Mark the box that asks them to notify a U.S. consulate abroad that you have adjusted status. They will keep it in the file until they approve your adjustment and then (hopefully), they will process the I-824 at the same time.
The most important thing for you to remember is that your spouse's ability to immigrate immediately is entirely dependant upon your status at the time of the marriage. If you have not yet become a lawful permanent resident, then he or she is eligible. If your status has been adjusted, your spouse must process through the F2A category and wait several years.
If your spouse is abroad and has an H-4 visa, and your adjustment of status is granted, the H-4 visa become invalid immediately. For a dependant o be a legitimate H-4, the principal must have a legitimate claim to H-1 status. When the INS adjusts your status, you become a lawful permanent resident as of that moment. The stamp in the passport is something that is done after the fact and is of no significance as to the time of your acquisition of LPR status.
__________________
James R. Gotcher
Attorney at Law
The Gotcher Law Group, PC
15300 Ventura Boulevard, Suite 507
Sherman Oaks, CA 91403
Tel: 818-990-4922
Fax: 818-990-4964
E-mail:
JRG@GotcherLaw.com