AOS / 485 filing and marriage. 3 questions?

[J973R494]

Hello Folks,

Here is my story and:

I have I-140 approved in EB2 category (priority date is July 2010 and is current) but not have file the AOS and 485. I am planning to get married before the green card and have following questions. If I go back to home country and get married and if girl can not come with me USA before December because of her studies which will be completing by Dec 2011 than what are my options.

1- If apply for her H4 Visa from home country and If she gets her H4 status but she do not travel to US until completion of her studies. Can I file 485 and AOS for myself and her in US keeping my processing US based and her home country based? (I am not sure if CP-140 will works or not?)

2- If I file 485 now and then get married before the approval of 485. Can follow to join help in this issue. What are the exact procedure in this case to utilize follow to join

3- How long can I delay the filing of AOS/485 as my filing date is current. I know that there is no time line but just looking to get an idea. My 1st three years of H1 is competing by Jan 2012.

I would appreciate if some one can answer these questions or guide to other better possible solution.

Thank you for reading my post. Looking forward for the answers and guidance.

[gcwaiting101]

Let me explain you how this works. To apply for AOS in EB category one must be present in USA if you want to get the green card together. so in your case lets assume you apply today and you got married on July 10 or anydate. Before you get married and your i485 approved then she will be in Family Based category under spouse of Lawful PR. Now lets say it will take 3-4 months or may be RFE or whatever reason and your i-485 does not approve and she can able to join you in h4 or h1 ,then she can apply her I485 assuming that your dates are current at that time. Please consult immigration lawyer and see the pro and cons of both the sides. If i were you i would do marriage first and bring her on h4 for even 10 days to apply her I485 and then she can go back and continue her study.

[Belle]

You can delay AOS filing as long as you have a job offer from the I-140 sponsor. Your H1 can be extended after expiration of 6 years in inrements of one year based on approved I-140.

[tusharvk]

Originally posted by J973R494:

Hello Folks,

Here is my story and:

I have I-140 approved in EB2 category (priority date is July 2010 and is current) but not have file the AOS and 485. I am planning to get married before the green card and have following questions. If I go back to home country and get married and if girl can not come with me USA before December because of her studies which will be completing by Dec 2011 than what are my options.

1- If apply for her H4 Visa from home country and If she gets her H4 status but she do not travel to US until completion of her studies. Can I file 485 and AOS for myself and her in US keeping my processing US based and her home country based? (I am not sure if CP-140 will works or not?)

2- If I file 485 now and then get married before the approval of 485. Can follow to join help in this issue. What are the exact procedure in this case to utilize follow to join

3- How long can I delay the filing of AOS/485 as my filing date is current. I know that there is no time line but just looking to get an idea. My 1st three years of H1 is competing by Jan 2012.

I would appreciate if some one can answer these questions or guide to other better possible solution.

Thank you for reading my post. Looking forward for the answers and guidance.

EB2ROW?

very low probability of retrogression.