Willfully delay filing of I485 due to marriage

[ram2217]

Hello,

    I have a question that I'm hoping that the guru's here might be able to help me with.

My PD is current and I have an approved I-140. I'm planning to get married in the next 2 months and am going to ask the attorney to delay filing of I485 for these 2 months. 

 

How long does it normally take to get the I-485 approved? I'm in a tight squeeze here and was thinking if I should file the I485 a month before getting married, get my spouse here on H4, and then get her added to the I485 in process. FYI, I'm in ROW category. 

 

Would you suggest that I get married, get my spouse here on H4 and THEN file for I-485 OR

file I-485 a month before marrying, travel back home, get married, bring my spouse here on H4 and then add her to my file.

 

P.S I heard that it will take a long time if my GC is approved before I can add my spouse to it.

 

Valuable suggestions are highly appreciated.

Thanks.

[Belle]

It takes about 6 months to do 'following to join', i.e. consular processing of a green card for an eligible derivative.

 

Here is my advice. Getting your green card two months later is not going to change anything in your life. Do you really need to worry about your green card being approved before marriage (thus, making your spouse completely ineligible under EB category and adding years to her ability to join you), or about the timing of your travel vs finger printing, or about getting stuck in following to join? Don't you have a few other things to worry about, like the wedding, getting H4, etc? Is that not enough to keep you busy?

[shandan]

Basically, what I think the best approach for you (given the fact that you are from ROW category and do not have to worry too much about your PD being retrogressed), is to get married get your wife to US on H4 and then fille for your I-1485 and also have your wife file her I-485 as your derivative.

 

This approach will ease you of a lot of wait and processes that would be needed if you are already a PR and your wife is still in her home country.

 

Good Luck with everything!!

[ram2217]

Thank you for the responses Belle and Shandan. What is this 'follow to join' specifically. Is this related to H4 or is this like consular processing for my future wife.

 

I appreciate the inputs once again guys and will hold off the filing of I-485 till marriage and H4 issuance. 

[shandan]

'follow to join' - is for Family Based Category, since if she files for I-485 before your I-485 is approved and you are still a not a LPR, then her I-1485 will be based on your derivative in EB category, but if your I-485 is approved and then she has to file through family based qouta hence follow to join you in US.

 

When you are still maintaining a non-immigrant status like H1, then there is a dependent status available like H4, which she can utilize to come to US, and then wait with you to get her I-485 approved while in US.

 

On the other hand if she has to file for a follow to join, she will be in her home country waiting for the processing of her GC and only upon approval of GC will she be able to join you in US, as there is no dependent status for a LPR.

 

Hence my advice to wait for filing your I-485 till you get your wife to US on H4, and then you both file for your respective I-485s while being in US together.

[Belle]

'following to join', i.e. consular processing of a green card for an eligible derivative

 

One thing to add - the processing starts after the primary applicant I-485 is approved. It has nothing to do with H4, and it cannot be done for a future wife. Eligible derivative: derivative = foreign born spouse or child; eligibility date - date of your I-485 approval. So, if you get married one day after your I-485 approval, your spouse is no longer an eligible derivative, and can't file for following to join.

[ram2217]

Awesome. Thanks a lot for the clarification guys.

So I'll wait and get married before I file for my I-485 then. 

 

Another question though............If my I-485 is in processing (start a few days ago) and my wife goes for H4 stamping, will there be any issue or questions asked such as  'do u intend to immigrate to the US' ?

I'm just trying to shave off even a few days if possible.

 

Thanks in advance.

[catx]

A H-4 visa allows dual immigration intent, i.e. you are allowed to pursue permanent residency (green card) while on a H-4 visa.  So the question of "do you intent to immigrate to the U.S. is not relevant.  She can answer "yest" with not issues.

[Belle]

'follow to join' - is for Family Based Category, since if she files for I-485 before your I-485 is approved and you are still a not a LPR, then her I-1485 will be based on your derivative in EB category, but if your I-485 is approved and then she has to file through family based qouta hence follow to join you in US.

That's incorrect. A family based petition is completely separate case when the spouse becomes his/her own primary beneficiary. Following to join is only used for cases that allow derivatives (EB is one of the types) when an eligible derivative files for consular processing after the primary case has been approved and the primary beneficiary is already in the US (AOS or CP+entered the US).

[Belle]

A H-4 visa allows dual immigration intent, i.e. you are allowed to pursue permanent residency (green card) while on a H-4 visa.  So the question of "do you intent to immigrate to the U.S. is not relevant.  She can answer "yest" with not issues.

Like!

 

Catx, don't leave the forum. Somebody needs to hold the fort when JoeF, pontevecchio and I grow old :-)