Filing 485 while single

[pradeep]

Hello experts,

My EB2 (India) LC/140 are both filed and approved. My priority date is July 30, 2007. My date is current in November 2011 bulletin. I am not yet married. I might get married in a year or so. What are the implications of filing 485 while being single? Is it advisable not to file 485 until after marriage? Are there any negative implications if we wait to file 485 until after marriage? Are there any retrogression implications? What is the approximate/expected time frame of getting the green card once we file 485?

[Belle]

If you are married when your I-485 is approved, then your spouse is eligible to file for green card based on your petition. If you get married afterwards, your spouse will be eligible for FB 2a category, which is retrogressed, usually by 2-4 years. If you have a fiancee, then the obvious solution is to get married before approval.

[JoeF]

Nobody can know the future.

If you want to file an I-485, do so. If you want to marry before filing an I-485, you may do so as well. We can't make the decisions for you. Either one can end up good or bad. There is no "plan B".

[qwerty14]

Hello experts,

My EB2 (India) LC/140 are both filed and approved. My priority date is July 30, 2007. My date is current in November 2011 bulletin. I am not yet married. I might get married in a year or so. What are the implications of filing 485 while being single? Is it advisable not to file 485 until after marriage? Are there any negative implications if we wait to file 485 until after marriage? Are there any retrogression implications? What is the approximate/expected time frame of getting the green card once we file 485?

Pradeep

There is nothing like being single with a GC, you can enjoy life..

[win_01]

if your i-485 is apporved b4 u marry then the spouse may have to wait 4-5 years and if she is residing in india then u will be seperated for that much time , unless she manages to obtain full time student visa which will be difficult to get approved as she is already a potential immigrant. so it's upto u , like the above post says enjoy ur life on gc or u can look for someone in the US who is already working or filed her own GC in the US.

good luck.

[Attorney_6]

As others have explained, in order to have a spouse "included' in the GC---meaning eligible for the same EB category/priority date, the marriage must happen BEFORE the GC approval.

If a person waits to file the I-485, they can just file it later---provided the PD is current AND the basis for the GC is stll in tact (meaning the job offer is still valid.)

So, just because the PD is current in November, a person does not HAVE to file in November. They could wait for the next month, or next year. But, of course, that would delay the case, and if the job offer goes away, the case also goes away. In addition to delaying the GC, it might also delay career advancement, as the case is tied to the specific job offer.

It may be best to have a consultation to discuss options.

[PdOct2007]

Hi,

As this post shows that FilingI-485 while single, I don’t know whether this is the right place to post my issue here or not.

I am Single and had a child with a US Citizen on July 2011 and now my EB2 date(Oct 5^th 2007) is current.

1. Do I need to mention my kid name while applying the I-485. If so please let me know on what forms do I need to mention his name.
   

Thanks a lot for your help.

[veni001]

Hi,

As this post shows that FilingI-485 while single, I don’t know whether this is the right place to post my issue here or not.

I am Single and had a child with a US Citizen on July 2011 and now my EB2 date(Oct 5^th 2007) is current.

1. Do I need to mention my kid name while applying the I-485. If so please let me know on what forms do I need to mention his name.
   

Thanks a lot for your help.

If you are the biological father for that child,even if you are not married, then yes!

[PdOct2007]

Thanks a lot Veni for the response, Quick question other than I-485 do we have to mention anywhere else?

Thanks.

[Belle]

OK, let's bring some clarity here. First, being a biological father does not mean anything in this country (or in any other country). Being a legal father does. Second, as far as I-485 goes... well, can you please read the question before asking for an answer? This is not quantum physics. If it asks to lists your children, you obviously should. If it asks to list your dependents who are filing for adjustment of status with you...? What's the right answer? (remember, not quantum physics!)

[pradeep]

Thanks all for replying to the original post.

Fianl follow-up question:

An attorney in ************* forum mentioned to somebody who was in similar situation with the following reply -- "You may wait a while before applying 485, but if you wait more than one year after you are formally notified that your priority date is current, your priority date can be revoked" [Above reply is posted by an attorney in forum message at http://****************

Is this true? Are there any timelines before which we MUST apply 485 if the PD is current?

[pradeep]

Sorry the above reply was provided in link at http://www.*************.com/ Please let me know if this is true -- Are there any timelines before which 485 MUST be filed if the PD is current? Are there any implications like the petition/140 getting cancelled if I don't apply 485?

[JoeF]

You can't post links to other commercial sites here. Forum rules...

An I-485 can be filed when the PD is current. There is no other restriction on when to file an I-485. There is no requirement to file an I-485 in a certain time frame.