I-485 process and marriage issue

[Anthony78]

Hi Friends,

I have some question regarding my green card process and my marriage. Actually I am on H1b visa since Feb -2007. I have valid H1b approval till Feb-2013. My visa stamp was expired on Sep-2009. I did not travel to India last 4 years. I got my Labor and I-140 approved last year and I have to fill I-485 next month (Feb-01-2012) as my Priority date is current now. I am planning to go India for my marriage but I am afraid as there are lots of rejection cases in H1b re-stamping. So I don’t want to take a risk for re-stamping. I have following questions to ask you regarding my marriage and I-485 process.

1 . Is it possible to go India for my marriage on Advance parole and come back without stamping?

2. If I go to India on Advance parole. Is it possible for my wife to come USA on H4 Visa? And how can I add my wife name in green card process as I will be on Advance parole.

3. Can I add my wife name in green card process before I-485 approval?

4. What is the process time for approval of Advance parole, EAD and I-485 approval?

I really appreciate if you can give me the answer of above questions.

Sincerely,

Anthony.

[mike999]

1.) Yes

2.) No. Since you are no longer on H1 she cannot come on H4.

3.) There is no such thing as adding your spouse name to your GC process. She has to be in US in legal status and then file her own AOS based on your I-140.

4.) EAD/AP will take 3 months. GC will take 4-6 months.

[Belle]

1. Yes, it's possible. It may not be advisable, but possible.

2. The jury is out on this. My take (and I am not a lawyer) is that yes. I would, however, advise that your wife enters before you enter AP, just in case.

3. You can't add "her name" because there is no such thing. She may file her I-485 if she is in the US in status and the dates are current - AND you got married before your approval. You may file for her to "follow to join" if she is not in the US, your green card is approved AND you got married before your approval.

4. EAD/AP - 1-3 months. AOS - 3-6 months or longer.

You need to understand that if your I-485 is approved before you get married, your wife loses eligibility under your I-140 (i.e. in EB cateogry). You will have to sponsor her in family based category, which will take a few years.

[sampitroda]

1. Yes, it's possible. It may not be advisable, but possible.

2. The jury is out on this. My take (and I am not a lawyer) is that yes. I would, however, advise that your wife enters before you enter AP, just in case.

3. You can't add "her name" because there is no such thing. She may file her I-485 if she is in the US in status and the dates are current - AND you got married before your approval. You may file for her to "follow to join" if she is not in the US, your green card is approved AND you got married before your approval.

4. EAD/AP - 1-3 months. AOS - 3-6 months or longer.

You need to understand that if your I-485 is approved before you get married, your wife loses eligibility under your I-140 (i.e. in EB cateogry). You will have to sponsor her in family based category, which will take a few years.

"She may file her I-485 if she is in the US in status and the dates are current - AND you got married before your approval."

When you say "approval you mena approval of I-485 right not I-140. Please correct me if I am wrong.

[Belle]

When you say "approval you mena approval of I-485 right not I-140. Please correct me if I am wrong.

Correct - approval of I-485.