Date got current

[rajesh53]

Hi,

I planned to get married in March and suddenly my pririty date got current. I planned to get my H-1 stamped in India in Feb or March. If I apply I485 now, my fiancee will not get the GC. If I go to India and got stuck then I think again its a big risk.

Can you please suggest the best way.

1) File the I485 now and later once we get married and then apply for her. Right now she is in USA on H-1B. How long will it take if I apply later?

2) Go to India and get married now and wait until i get Visa and then file I485.

Appreciate your help.

Thanks,

[Belle]

What's wrong with going with your original plan? I think, your assessement of the risk is way off. Even if the date retrogresses, it won't be your very last opportunity to file. At some point (and probably soon) the date will become current again.

1) You can't file for her. She must file herself.

2) If she is in the US, you can get married in the US.

[shandan]

Hi,

My suggestion, based on what I saw a friend of mine do in a similar situation. Like Belle also advised, since you both are in the US, when just go to the marriage registrar and get married in the US and you both file for I-485, and then go on about going to India and getting married the traditional way. At the most you will have two marriage anniversaries.

Good Luck and all the best with your marriage and filing.

[rajesh53]

Thanks Belle for the reply.

ok I will stick to the original plan.

I will go to India and get stamped. For suppose if I get stuck there for more than 3-4 months will it effect my Green Card processing?

My fiancee has a valid US Visa until 2014.

Is there a way if I get stuck, can i change to H4 and come here and change back to H-1 and appley I485.

Apprecitate your response.

[rajesh53]

Hi Shandan,

Thanks a lot for your reply.

We are planning to do that. We can get married here and later on we can go back to India and get married in a traditional way.

My question is can two non citizens get married in USA? Will it affect our H-1B petitions

By any chance do you know the procedure for getting married in USA

If any of your friends have the information, can you give the email id or the phone number so that I can contact them.

This information is very useful for me. Once again thanks a lot Shandan.

Thanks,

[Belle]

Talk to a lawyer about your options, and how you can "stack" them.

If you are stuck with your H1 processing, you may file for H4, come to the US, file I-485, get EAD, and start working again. Or you may file a COS to H1. You may also try to swing it - file I-485 shortly before the trip, get AP, go get married, and then come back on AP (your spouse does not need H4, so it's not holding you back). It's unlikely your I-485 will be approved in less than 2 months, so you may take some risk.

I also think it is a good thing to have a fresh entry into the US before filing I-485. Less for the USCIS to dig in.

[shandan]

Hi Rajesh,

I can tell you what I know, my friends who I am talking about were both on H1B at the time they got married in US, so I think that is NOT an issue. As far as process for getting married in US goes, I have a rough idea based on what they told me, they needed to go get a marriage license first and based on may be age or some other criteria there is a wait period after getting your marriage license before you get married, it also varies State by State, so you need to find out, what is the exact process in your state of residence. There are certain classes/counseling you can go through to waive the wait period and get married immediately. Again check for the rules in your state, on a lighter note you can always go to Vegas and get married in 10 mins :).

As far as your fear on getting stuck in India 3-4 months, it is pretty real, as one of my friend just got back to us after being on hold for 6 months in India, so getting an AP prior to going to India is a good idea, so that you can enjoy your wedding and other rituals without having to worry about other stuff, after all it is once in a lifetime thing, and you do not want it spoiled.

But do not take my word for anything, like Belle and other(s) advice talk to a good lawyer, they have much more experience and insight at it.

Again good luck with everything.

[Belle]

Even in Vegas it takes more than 10 minutes :-) First, you need to get a marriage license downtown. There is usually a line 8-() So, 20-30 minutes, assuming neither of you have been married before and don't have to show divorce papers. Then, you can go to a chapel. There are other states where there is no wait time. I am thinking, KY is one of them. Also, the marriage license is usually valid for some time, so you may obtain one, and then see by the circumstances. In the worst case scenario, if you go to India to get married after your I-485 is filed, and you get approved before your marriage date, you may have some wiggle room just because you had taken out a marriage lincense before the approval. I cannot guarantee you it will help 100%, but do get an opinion from a lawyer.