** What happens if ...? ***

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fast_gc_seeker

Registered Users (C)
Folks,

My 140 is approved and 485 is in process. I'm travelling abroad
in Nov 2004 for my wedding. I'm applying H4 visa for my spouce
immediately after wedding.

If my 485 is approved when I'm abroad can I still apply for
my wife's H4? Will there be any problem to bring her with me?

Please advise.

Thx n Regards
 
Hope VSC is not too fast !!!!!

It seems to me that you have to be careful about the timing of your wedding, although I think it is not likely for VSC to approve your case in Nov. If, in case, it do happen, you have to prepare Advanced Parole to re-enter US, as your H1 is not valid right after I485 approval. Of course, if it happens, there is no way to apply H4 for your wife.

If the VSC does not approve your I485 before your wedding, you can apply H4 for your wife, to bring her here. After that, apply I485 for her.

Hope your I485 approval will happen too soon :rolleyes:
 
Since your I-485 application was filed in 08/04 , there may not be approval this year unitl next year or 2 years, but it could be approved quickly (due to the pilot program if the pilot program is working at California Service Center, Dallas BCIS, and New York BCIS). I don't think it would happen because your filing is not concurrent. right?

In my opinion, I assume you have a valid H1 visa and you have an EAD card, but you haven't used EAD yet. (don't use your EAD!) Then yes you can still appy for her h4 after getting married. There will be no problem to bring your wife with you after she gets her H4 stamping on her passport. Talk to your lawyer even though I am not a lawyer.

What do you need to do is:
1) Before you get married, get prepared to gather all documents including your documents, 2 original employment letters (one for embassy to issue h4 for your wife and one for her I-485), w2 forms, tax returns, paystubs, bank statements, etc.. Also fill out 485 form and EAD/AP form with your lawyer for your to-be wife (just prepare). Tell your to-be wife to gather her educational background such as degrees, certificates if available, her birth certificate, etc. Make sure to make copies of everything except employment letter (original employment letter is a must for both US embassy and 485.) then be ready to leave for India to get married. Good luck!

2)Then in Nov 2004 go to India, get married, and get a marriage certificate. then go to US consulate or US embassy to apply for H4 for your wife.

3) If H4 is approved and stamped, you and your wife can enter USA. When you and your wife enter USA, file her I-485/EAD/AP immediately (if you have a lawyer, that would be great).

4) Relax and have fun. Congratulations on your wedding.

Hope this helps. :)

USGC485
 
flingtiger said:
It seems to me that you have to be careful about the timing of your wedding, although I think it is not likely for VSC to approve your case in Nov. If, in case, it do happen, you have to prepare Advanced Parole to re-enter US, as your H1 is not valid right after I485 approval. Of course, if it happens, there is no way to apply H4 for your wife.

If the VSC does not approve your I485 before your wedding, you can apply H4 for your wife, to bring her here. After that, apply I485 for her.

Hope your I485 approval will happen too soon :rolleyes:
Click to expand...
My lawyer said that if i485 is approved both your H1 and AP gets invalidated. Most of the times they just let you in, rarely they make you pay $95 fine for not carrying Green Card in hand :)
 
FP :confused:

I'm going abroad[for my wedding] with a valid AP in Nov 04. lets suppose I get FP notice between now and Nov, should I go for it? or can I reschedule FP
for sometime in Dec 04?

I don't want a situation which will put my wife's proposed H4 in trouble
because of my GC process. I do have current valid H1 and valid AP.
 
Not sure about rescheduling to one month later. I remember when I received my FP notice, it asked me to go for it on time or to postpone to alternative day (one week or other day), but it doesn't mention "postpone to another month."

I guess you have to call Customer Service or your lawyer to answer your question.
 
rpranesh said:
My lawyer said that if i485 is approved both your H1 and AP gets invalidated. Most of the times they just let you in, rarely they make you pay $95 fine for not carrying Green Card in hand :)
Click to expand...

It's not most of the times, but ALL the times. They need to go for differred inspection at POE. It's unreasonable to assume that the I-485 applicant won't travel abroad when his/her application is pending for more than 2 years and USCIS cannot provide timeframe when it's going to be approved.
 
fast_gc_seeker said:
anybody else has any opinions about postponing FP for a month or so?
Click to expand...

You cannot specify the time (like one month or so). They will reschedule it based on their time availability. If you reschedule it, it's unlikely you get the rescheduled date within one month of original FP date. In California, it can be rescheduled to 2-3 months later (bacause most of the FP centers are crowded).
 
fast_gc_seeker said:
anybody else has any opinions about postponing FP for a month or so?
Click to expand...
Your FP notice is valid for 30 days (? - I am not exactly sure, maybe even longer - for 60 days) after scheduled date, so you can go for fingerprinting any day, any time within this timeframe. You need to reshedule only if you need to postpone it for longer then this.
I personally did my fingerprints about 30 days after scheduled date since my FP notice was originally sent to the wrong address, and returned to INS, then they re-sent it while I was out of country... Nobody at ASC asked me why I am late, they just did my FPs, that's it.
You can call 800-number to verify it. I actually called them to reschedule, but was told that there's no need for this.

Good luck!
 
I know in 2002 time for FP was 13 weeks from the date of appointment. I went for FP two months after the original appointment date. I know several cases who have done like that including me got approval without any problem.

Infact delayed FP helped us because very few cases were left with valid FP when started approving I-485 with RD of Aug 2002 in Jan 2004. Most of us who delayed the FP got I-485 approval without second FP.
 
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