I485 AOS and CP for Spouse

[Abichu]

I have applied GC through EB2.

I have applied I140 (not approved yet) in regular and ported my earlier EB3 priority date, that made my EB2 current.

Am planning to goto India by October for my marriage.

1. Shall I file my I-485 now and add my spouse later?

2. If I come back after marriage on October and file my I-485, Shall I file my I-485 in AOS and my Spouse I-485 in CP or Follow to join

3. Can I initiate I-485 for self after marriage and later my spouse come to US on H4, file for AOS? 

4. Any other possible option that am aware of ?

 

[pontevecchio]

If you are in H1 status now, you should plan to return in H1/H4 status after Marriage and then file AOS for both after the I-140 is approved.

[Shurap1]

You cannot file I-485 now as your EB-2 I-140 is not yet approved. Easiest way to come back on H1/H4 and upon I-140 approval file I-485 for both together.

 

[Abichu]

Following link shows I can apply for I485 without waiting for I140 approval 

https://www.faegrebd.com/mobile/showupdate.aspx?show=2869

But Shurap1 and Pontevecchio responded to wait till I140 gets the approval.

With pending I-140 and date being current, Is it possible to file I-485 or not ?

 

[JoeF]

If the PD is current, an I-485 can be filed even if the I-140 isn't approved yet.

However, it may be that I-140 and I-485 get approved before you marry, and then you would have to file an I-130 for your spouse in family category 2A, which has a backlog, so your spouse would not be able to come to the US for some time.

Better to marry before filing an I-485.