I485 Filing Before the Marriage


RjRoots

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Hello All ,

Here is my situation .Need a valuable suggestions.

I am on H1B its valid till 2014 Mid(After 6th Year). I am a Single waiting to get married before end of this year anytime after July.

My EB2 Date is current right now.

Hearing lot of things from my friends/Others to file the I485 after getting married together with Spouce.Bec Can't bring the spouce on any of the dependent VISA Categories possible only through Family based GC process.

  • Whats the possibiltiy of Bringing the spouce after my GC approval or My EAD ? How long will it take if possible ?
  • Also However till i have a valid H1B Can i bring her on H4 ?
  • Is it possible to Add spouce after getting my EAD or My GC is not approved. ? (I mean I485s)
  • Is it possible to backout the dates from the curretnt date some time later ?

All Thanks in Advance !!!

Regs,

Raj

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The issue is not so much filing the I-485 after marriage. The issue is that the marriage should happen before the I-485 is approved.

If you marry after I-485 approval, you would have to sponsor the spouse in family category 2A, spouse of a Permanent Resident, which can take 2-5 years.

If you marry before I-485 approval, and you are in H1 status, the spouse can get an H4. If you use an EAD to work, there is no dependent status for the spouse. But, if the spouse is abroad, the spouse can use follow-to-join after your I-485 is approved.

All this has been discussed lots of times here.

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