Spouses 485 approved, I am in India, I have not yet been added to her petition

[ajay.pandhare]

My spouse applied for her gc (lc, 140, 485) before our marriage. We got married after she filed her gc (lc, 140, 485) but prior to her 485 is approved. I came on H4 to US but left to visit India due to a family emergency. Her dates became current this month and she got her 485 approved on July 3rd. I have not yet been added to her petition and I am still in India and have H4 visa.

1) How do we proceed? Can I come on H4 (whose expiration is next year) to US and have my wife add me to her petition before the end of July since her dates are still current? (even though her 485 is approved?)

2) What is consular processing and can I do that now? Is this an option for me?

3) What is 245K? Does this mean I can travel to US on H4 now?

4) Any other options please?

[redgreenbluee]

please consult a lawyer.

you cannot travel to US at H4 since your spouse is no longer on H1.

since you got married before your spouse's GC approval, you are eligible for follow to join benefits.

Originally posted by ajay.pandhare:

My spouse applied for her gc (lc, 140, 485) before our marriage. We got married after she filed her gc (lc, 140, 485) but prior to her 485 is approved. I came on H4 to US but left to visit India due to a family emergency. Her dates became current this month and she got her 485 approved on July 3rd. I have not yet been added to her petition and I am still in India and have H4 visa.

1) How do we proceed? Can I come on H4 (whose expiration is next year) to US and have my wife add me to her petition before the end of July since her dates are still current? (even though her 485 is approved?)

2) What is consular processing and can I do that now? Is this an option for me?

3) What is 245K? Does this mean I can travel to US on H4 now?

4) Any other options please?