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pashar

I485 pending approval, girlfriend on H1.

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Hi,

My priority date is Aug 30, 2006 and is current. My I-485 was filed June 6, 2011. I had my bio-metrics appointment July 19, 2011.

My girlfriend is on H1-B and her employer filed PERM on July 8, 2011.

We are planning to get married sometime in Oct, 2011.

My questions -

1. How long does it take for I485 to be approved after the bio-metrics?

2. If my I485 is approved before the marriage date then can she still be added on to my application?

3. If not, does that mean she goes through the normal employer based GC process?

My main intent is to know the best and worst case scenario for her to be on my GC, given our situation.

Thanks

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please consult a lawyer.

your girlfriend can only apply I-485 as your derivative when she is your spouse (after marriage) and your PD is current (which it is right now).

if your I-485 got approved before marriage, you are now a GC and you will need to follow FB GC petition for your spouse (after marriage) under F2A which is approx 3-4 years processing time as of the moment.

she can go through her employer for EB GC or through you as a spouse of GC holder for FB GC as described above. either case, she will need to maintain her own legal status (currently H1) to stay in the US.

Originally posted by pashar:

Hi,

My priority date is Aug 30, 2006 and is current. My I-485 was filed June 6, 2011. I had my bio-metrics appointment July 19, 2011.

My girlfriend is on H1-B and her employer filed PERM on July 8, 2011.

We are planning to get married sometime in Oct, 2011.

My questions -

1. How long does it take for I485 to be approved after the bio-metrics?

2. If my I485 is approved before the marriage date then can she still be added on to my application?

3. If not, does that mean she goes through the normal employer based GC process?

My main intent is to know the best and worst case scenario for her to be on my GC, given our situation.

Thanks

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1. It will not take long.

2. No one gets added. If the dates are current and you are already married before the AOS is approved she can file for AOS in her own right. If you get the GC before you get married it will take 4 years for her to be able to adjust and she will need to maintain her status on her own till then.

3. Both processes can go on.

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