Getting married while AOS is pending and bringing spouse in H4


Recommended Posts

TLDR: Ready to apply I-485 & AP. Planning to get married in 6 to 8 months. Want to bring spouse on H4 and add her to I -485 application.

 

My passport has valid H1B visa stamp which is valid until 2021 JAN.  My employer has already applied for an H1B extension a week ago. Yet to hear to result of that. I have approved EB2 I-140 with this employer and now with the Oct visa bulletin, I am eligible to apply for AOS with a EB3 downgrade I-140 application.  Hopefully these applications will be submitted before end of October.

Few questions about travel, marriage and H4 for my future wife.

  1. If i get my H1B extension(I-797) approved, But AOS is still pending, AP/EAD is not approved yet, Can I travel to India after 2021 FEB (Current visa in passport expires by JAN), Get married, Go for H1B and H4 stamping and come back to US on H1B and H4 ?
  2. If the above is fine, Will it impact my AOS application in anyway ?
  3. For case 1, Would there be issues adding my wife to I -485 application.
  4. If i get my H1B extension(I-797) approved, AP/EAD is approved, but AOS is still pending, , Can I travel to India after 2021 FEB (Current visa in passport expires), Get married, Go for H1B and H4 stamping and come back to US on H1B and H4 ?
  5. If the above is fine, Will it impact my AOS application anyway ?
  6. For case 4, Would there be any issues adding my wife to I-485 application ?

Thanks! Did enough search on the forum for this situation and could not find any post.

 

Link to comment

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...