EAD(Employement based dependent) marrying an Indian girl


lhambi

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Hi,

My son is on EAD which he got through his dad (as a dependent) on EB-3 category. His priority date is March 2003 and we are looking to get him married as soon as possible. I am not sure what our options are. Currently he is on Adjustment of status pending.

Can he file for his spouse before he gets his I-485 approved ?

Any help or input would be greatly appreciated. Being his mother, his situation is causing a lot of trouble for me and I would really appreciate it if someone could shed light on the aforementioned issue that we are having.

Thanks,

Laxmi.

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Why are you looking to get him married ASAP? Does he even have a say in all this?

You should get a consultation with a good lawyer. Your son's future wife will not be eligible for green card because she is not your derivative. It is also possible that your son loses his eligibility - I am not sure how the laws are defining a derivative and whether there are any other special circumstances in his case.

I take is your son is an adult now. It might be best to treat him like one.

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Hi,

My son is on EAD which he got through his dad (as a dependent) on EB-3 category. His priority date is March 2003 and we are looking to get him married as soon as possible. I am not sure what our options are. Currently he is on Adjustment of status pending.

Can he file for his spouse before he gets his I-485 approved ?

Any help or input would be greatly appreciated. Being his mother, his situation is causing a lot of trouble for me and I would really appreciate it if someone could shed light on the aforementioned issue that we are having.

Thanks,

Laxmi.

Dear Laxmi,

As a fellow indian i would like to make a suggestion. Let your son decide when he should get married. This not a job to join ASAP.

dont rush him.

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Some dependent children who reach age 21 may retain the ability to adjust status under CSPA but his marrying before getting LPR status would likely mean that he cannot adjust status. It's not only unseemly (and offensive) to discuss forcing/pushing him to marry but it is also a bad idea because of loss of dependent status for immigration purposes.

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