I-140 & I-485 - Before Marriage

[cyrax]

Hello all

 

I am in my 3rd year of h1b born in india and recently got my PERM approved in eb2...

my to be wife is born in saudi ...we are getting married next year in march..and i am planning on applying h4 visa for her...

 

i wanted to know:

 

1- should i file I-140 now or wait until i am married to file both I-140 & I-485 together?

 

2- since i have PERM approved do i have to file I-140 within certain time ?

 

 

thanks for your time

[ashuneel]

1. Employer must File I-140 now. Do not wait. Any ways Employer files I-140 so you are not even involved in that decision.

 

2. I-140 needs to be filed within 180 days of PERM approval otherwise PERM will expire.

[cyrax]

Thank you

So 140 being time sensitive will be filed any ways...

Will I be able to use cross chargeability?

Since I will not be able to file both 140 and 485 together...

Assuming my 140 is approved under premium... Will I be able to apply 485 soon after marriage?

[ksribhas]

First you need to ensure you get the updated priority on the I-140 and then file 485

[cyrax]

Thanks how would the priority get updated ?

Any other application that I need to file, After I am married?

[JoeF]

First, make sure the I-140 is filed before the PERM expiration.

Then, once you are married, you can use cross-chargeability to file I-485s for you and your spouse, when the PD, in this case for ROW, is current. That can be done even if the I-140 isn't approved yet.

[cyrax]

Thank you JoeF