Unmarried and PD is getting current

[forumNewMember]

Hello Experts,

First off, my apologies for such a long post. I want to give the full details and hence couldn't be brief.

My PD is going to be current in the July visa bulletin. I'm unmarried and hence I was maintaining my H1B status as well, in case if I had to bring my future spouse from out of the country as my dependent.

But now that my PD is going to be current, I am not sure how to proceed. I don't have a potential spouse that I can hurry up and get married before my PD gets current.

If I go ahead and obtain my GC and then get married to someone that is outside of the country, then I might need to wait for a long time(~5 years), before I can bring my spouse in to the US.

My attorney was suggesting that I can renounce my GC and then obtain a H1B visa to get back in. I don't want to do that because I would have to start the GC process all over again and that could take years.

He was also mentioning that I can withdraw my 485 application, but he said that USCIS is not clear as to if doing that will withdraw my entire GC application (including my PERM and I-140) or just my 485 application. Does anyone have any insights into that. Also, any other suggestions are welcome!

Thanks in advance.

Regards.

[Belle]

"I don't have a potential spouse"

That's the answer. It takes time and effort to find potential spouse that is a good match. I think your question is waaaaay too premature.

[pontevecchio]

Try and get hitched to a lady with credentials so she can come in on H1 status.

[veni001]

He was also mentioning that I can withdraw my 485 application, but he said that USCIS is not clear as to if doing that will withdraw my entire GC application (including my PERM and I-140) or just my 485 application. Does anyone have any insights into that. Also, any other suggestions are welcome!

i485 withdrawal is your best option if you want to file GC for your wife immediately after marriage.

Withdrawing i485 will not have any impact on approved i140 application.

[Jignesh1972]

Toss the coin like amitabh and dahram do in sholay.

If it's head get merried and do the GC at some other time.

If it's tail then get GC and wait for marriage until you are matured. If you are confused and do'not understand what to do this is the best strategy.do'not take seriously. Take the lawyers advice some other lawyer there are ways to deal with this kind of situation. You can call her on H1 or fiancé visa.

[rememberme]

what if u don't apply for i485 when u PD is current. Just continue on on I-140 and extend ur visa. Once you are married and ur wife is here, you can apply for 485 whenever ur date is current.

[Worker11]

Why is this so complicated? I think, you may obtain a GC, permanent residence and then marry whoever you want and bring your spouse here. Or you may, as a permanent resident invite, your fiancee and get married in the USA. S/he will be your dependent (in case of same sex marriage, you have to live in Massachusetts). I don't see any reason to worry about. My problem is that my fiancee doesn't want to live in the USA because she has a very good job in Lion. She comes here often though. I visited her often before I filed I-485. Now I need to wait for AP. But, I can't quite see how we will live if we get married.

[anandgs]

Think now with GC you can bring your spouse quicker

check this http://www.murthy.com/news/n_fbsifi.html

[Belle]

Worker11, you need to educate yourself on immgration of spouses of LPRs, also known as category FB 2A.

[win_01]

Originally posted by forumNewMember:

try find someone here in the US, keep your criteria specific ( nationlity , immigration status etc), there are many single people like u trying to find partners

[Worker11]

Belle, I do not quite understand how does this immigration business relate to marriages or civil unions. The beneficiary of an approved immigration visa under 203(a)(2)(A) is entitled to obtain permanent residence status. FB-2A is for persons who are spouses or unmarried children of US permanent residents. So, what is a problem then? PR cannot bring his/her partner and partners are not recognized as spouses, unfortunately, but can invite a fiancee. I don't see any problem unless there is a fraud. I would def not advise one to marry for the sake of gaining some immigration benefits.

[Worker11]

Belle, I can tell u one thing: if you gonna marry you should do it NOT for the sake of ur priority date.

[Belle]

If the marriage is after approval of the green card, the spouse is not a beneficiary of the original case. FB 2A is for spouses of LPRs. FB 2A is retrogressed by ~4 years. Now, put those three things together.

[win_01]

Originally posted by Worker11:

Belle, I do not quite understand how does this immigration business relate to marriages or civil unions. The beneficiary of an approved immigration visa under 203(a)(2)(A) is entitled to obtain permanent residence status. FB-2A is for persons who are spouses or unmarried children of US permanent residents. So, what is a problem then? PR cannot bring his/her partner and partners are not recognized as spouses, unfortunately, but can invite a fiancee. I don't see any problem unless there is a fraud. I would def not advise one to marry for the sake of gaining some immigration benefits.

If ur GC is approved b4 u marry , its a time - taking process to get GC for your spouse once u marry later . now someone to marry for sake of immig benefits is solely individual's choice and priority, if u knw ur partner and were to marry at a later date anyways , then i guess it's wise to marry sooner inorder to avail of the benfits at the right time than just to find that marrying later wud increase the wait time.

[Joe.F]

Don't marry just for an immigration benefit. It would be illegal, and could get you and the spouse into lots of trouble.

[Attorney_6]

There is a big problem with spouses of LPRS, as mentioned. And, no, LPRs can not just bring in their fiancees, either. Have to be a USC to bring a fiancee.

In this situation, there are a few choices.

1. Find a spouse quickly. (But, this could lead to an unhappy marriage.)

2. The fact that the PD is current does not mean you HAVE to file, it means that you CAN file. (But, if the dates go back, the opportunity is lost for now.)

3. So, wait to file for now, try to find someone you want to marry. As long as the date remains current, there is less pressure. (Of course, this delays the GC.)

4. Look for wife, and if dates are going to retrogress, file before that happens. Then, just keep looking--find someone before they are current again. (Can't predict movement of dates, so....)

5. File it and look for wife. Case can't be approved unless you are fingerprinted. Date could go backwards. Wife might be H1/USC/LPR/F1 etc anyway.

6. If case is approved before any wife is found, look for wife who is H1/USC/LPR/F1 etc. or wait another 5 years until you are a USC.

[forumNewMember]

Thanks for your responses. Perhaps I should have clearly mentioned that I already applied for 485 when the dates were current for a short duration in Aug 2007. It then retrogressed. At that time I was thinking that things would work out differently (w.r.t my marital status). That is why I am in this predicament now.

So for now, I'm leaning towards withdrawing my I-485 so that I can reapply later (as long as the PD remains current) once my marital status changes (hoping it would be soon). Atleast it would buy me some more time.

[casey03]

Hi new member i am in a similar situation and inclining towards withdrawin my Green Card.

Can you contact me

[This message was edited by Admin on August 04, 2011 at 07:18 AM.]

[Belle]

I don't know about your culture, but in mine with a quicky marriage you would be setting yourself up for a divorce. Maybe you have an amazing ability to read people... Most don't, so you are definitely taking your chances.

[smallverysmall]

This thread amazes me, and makes me slightly sad at the same time. The reasons are obvious.

[Belle]

It may be sad, but he seems young, and it takes quite a while to find a spouse. The guy will probably be citizen by the time he is ready to commit without being hurried by the process. Otherwise, they may explore other options of bringing her to the US, like a student visa. I would actually advocate looking for spouse in the US, but that's just me.

Withdrawing I-485 is a good option if he is relatively sure he is getting married soon.