Marriage and U.S. Immigration


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This week, Murthy Law Firm attorneys will answer questions regarding marriage and how this may affect U.S. nonimmigrant and immigrant petitions/applications.

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If a person has Started the I-485 process (Receipt Confirmation and Biometrics completed), and in the meanwhile travels to India on H1B and gets married. Will he be able to process GC for his spouse ? i.e.

1. Would he have to process H4 and bring his spouse to US

2. If I-485 is approved before processing of H4 (Will the H1/H4 still be valid).

3. If I-485 is approved before marriage  (Will the H1/H4 still be valid).

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On 11/24/2016 at 6:27 AM, Ajamal said:

If a person has Started the I-485 process (Receipt Confirmation and Biometrics completed), and in the meanwhile travels to India on H1B and gets married. Will he be able to process GC for his spouse ? i.e.

1. Would he have to process H4 and bring his spouse to US

2. If I-485 is approved before processing of H4 (Will the H1/H4 still be valid).

3. If I-485 is approved before marriage  (Will the H1/H4 still be valid).

Yes it is possible, provided the couple is married prior to the green card being approved. Whether or not the individual will file an adjustment of status or consular process will depend on where the applicant is. To be eligible for an H4, the principal must be in H1B status and therefore if the green card is approved prior to entering the U.S. in H1B and H4 status, the new applicant must consular process. 

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