My 485 filing affecting my marriage

[Dinjay]

Hi

My priorirty date is Jan 9th 2009 and everyone should already be aware that its current now.

I will be getting married by end of this year and i was not sure if i should proceed with filing for 485.

Legal department has been asking me to send the docs for filing 485.

Kindly suggest if i can postpone my filing or should i go ahead with filing of my 485?

Thanks

DJay

[dknight]

Hi

My priorirty date is Jan 9th 2009 and everyone should already be aware that its current now.

I will be getting married by end of this year and i was not sure if i should proceed with filing for 485.

Legal department has been asking me to send the docs for filing 485.

Kindly suggest if i can postpone my filing or should i go ahead with filing of my 485?

Thanks

DJay

This has been discussed many times. Lets put things in perspective here.

Option 1: Filing I-485 now

Option 2: Delaying the filing of I-485 and continue being on H1B status and filing I-485 along with your future spouse when she is in US as your dependent.

If you consider Option 1 then there is high probability that you might get your 485 approved in next 6 months before you get married. So your spouse has to accompany you in a different visa status like F1 or L1 or H1B. Or else she has to get GC in Family based category which will take 2 to 3 years.

If you consider Option 2 then your spouse can accompany you after she gets her H4 stamping.Once she is in US you both can file your respective 485 hoping that the PD will still be current. Going by the current situation i dont see a reason why the dates should retrogress. On the flip side i am not sure what your H1B situation is (petition expiry, stamping etc). Note that you will only get 1 year H1B extensions if your dates still remain current and if you have already completed 6 year term on H1B.

Also i suggest do some research on this topic in this forum. You will find lot of similar posts. Weigh your options and lastly spend some money on the consultation with a qualified immigration attorney. Its totally worth it.

[Belle]

Ultimately, it is your decision. The fact is that you are very likely to receive approval by the end of the year. If that happens before your marriage, your spouse will not be eligible for the green card as your devetive in EB category. You will have to sponsor her through FB category, which will take 3-4 years. If that's not an acceptable option, the only way to make her eligible is to be married before your approval.

[Dinjay]

Thanks for your responses.

To elaborate on my situation further.

I am already done with my 6 yrs of H1 B and as i had 140 approved, in 2010 i got a 3 year extension. I have my GC filed as EB2.

I had receive a note from legal as follows. Based on the notes below and your responses this looks like its always a tricky situation.

Kindly provide your inputs.

>>The USCIS has been taking 4-6 months to process AOS applications. However, please note that timing will depend on the individual circumstances of the case, i.e. the completion of security clearance checks and the like. We have seen a very few cases approved in as quickly as 2 months; while other cases, due to fingerprinting and RFE delays, have taken 10+ months to complete.

In all cases, we recommend that eligible applicants file their AOS applications as soon as their PDs becomes current. This is also the expectation of your employer.

>>We cannot predict PD movement at this time. The current forward movement (more then 3 years in 5 months) was not anticipated. However, FYI, many foreign nationals who filed their AOS applications in 2007, and then saw their PDs retrogress, are still waiting for their PDs to become current again -- 5 years later.

[Belle]

Well, I would not bank on PD going either way. It's possible that your date retrogresses, and it's possible that it does not. If it does, you will have to wait until it's current again in either case. I don't think that it is an issue at all if you ask the lawyer that you would like to delay filing until you are married. You alternative is to have a quick marriage registration in the next couple of months, and then have the big party later.