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prakash.sjc

How to buy time to get married while 485 is pending

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Hi, I am not married yet (unfortunate events). I have been in US for
long time. My priority date from past employer's I140 is current. My
current employer wants to apply for I485 (perm is done).  Please suggest
if there are ways to delay/drive my 485/GC process so that I get enough
time to find partner and get married before GC gets approved. Any
suggestions greatly appreciated. Thanks.

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Sorry, not sure how you got that impression. If my GC gets approved before marriage, I am worried about the long wait in getting wife into US through family based immigration. I am not married, not everybody is lucky in finding life partner at right time. Is there a way that I can still get GC done now, marry sometime later, add wife to GC (post GC approval), and get her into US without the long queue. My company attorney is about to file 485 now. 

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On 4/29/2019 at 12:04 AM, prakash.sjc said:

Sorry, not sure how you got that impression. If my GC gets approved before marriage, I am worried about the long wait in getting wife into US through family based immigration. I am not married, not everybody is lucky in finding life partner at right time. Is there a way that I can still get GC done now, marry sometime later, add wife to GC (post GC approval), and get her into US without the long queue. My company attorney is about to file 485 now. 

@prakash.sjc I understood your case. Don't know if you already found future wife or not but there is no one to force you to file I-485 at any point. People do file mainly because they worry that retrogression could throw PD far back. You just need to maintain your status and keep extending H1b.

However, I would always advise you to file I-485 because of reason mentioned above. Consider three scenarios with you possibly marrying in 3 years.

A. You file I-485 now and get green card within a year. Then you get married in 3 years and file I-103 and I-485 which would add 2 more years. This way you and spouse will have green cards in about three years with high probability.

B. You wait now and keep extending H1b. Let's say you get married in next 3 years. Assume PD doesn't retrogress and then apply for I-485 together and get green card in about one year.

C. You wait now and keep extending H1b. Let's say you get married in next 3 years. Assume PD do retrogress and go back 4-5 years and then apply for I-485 together and get green card in about one year. It may take PD 3-5 years to recover and become current.

So, you both will get green card with each options

A. 5 years with high probability

B.  4 years with low probability

C.  6-8 years with high probability.

What would you choose?

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If you obtain GC status but are not married, when you do marry, and file an I-130, it will be subject to the same requirements as anyone else's...since that visa category has an annual numerical limit, there will be a waiting period before the Priority Date becomes current....if you marry AFTER you gain GC status. There are NO exceptions 

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