immig_help_546 Posted June 18, 2013 Report Posted June 18, 2013 my I-140 is approved priority date is Dec 2008 EB3 (ROW). I am eligible to file for I-485 now. My fiance is on F1 in US, she will graduate in Dec and will get OPT. If I file for my I-485 and get green card before marriage, will I still be able to File AOS for her? or It has to be filed before I get my Greencard? and does It matter if she is on F1 or OPT. Please advise ...
Belle Posted June 18, 2013 Report Posted June 18, 2013 Generally, someone on F1 may file an I-485 after 90 days being in the country. If the marriage takes place before approval of your green card, your spouse becomes eligible for the green card under your I-140 petition, and thus can file in EB when the dates are current. If you get married after the approval of your green card, you will have to sponsor your spouse through family category, which will take ~2 years of wait for the dates to become current.
tusharvk Posted June 18, 2013 Report Posted June 18, 2013 only after marriage she can file 485 as your dependent using marriage certificate. If you have not yet recd your green card, then she can file as your dependent in eb. AFter you get green card, then it will be spouse of green card holder and not in EB category. You need to weigh your options carefully.
Belle Posted June 18, 2013 Report Posted June 18, 2013 only after marriage she can file 485 as your dependent using marriage certificate. If you have not yet recd your green card, then she can file as your dependent in eb. AFter you get green card, then it will be spouse of green card holder and not in EB category. You need to weigh your options carefully. First, it is not when "received" his green card that matters, it is when the green card is approved. Second, it's not the her filing date that matters, but their marriage date. She may file after his green card is approved (in fact, years after) and still in be EB if the marriage took place before the green card approval. The devil is always in the details.
immig_help_546 Posted June 18, 2013 Author Report Posted June 18, 2013 Thanks for the reply guys, so It means that the best option is to get married atleast before I get my Green Card approved. Also, how long does the processing normally takes, assuming everything goes fine?
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