Filing 485 3 months before marriage

[prashpathak1@gmail.com]

Dear Belle,

 

Thank you for your responses to my earlier post. Here is my updated case scenario.

 

My PD is Jan 2007 EB2 India. I have my 140 approved a couple of years back and haven't yet filed my 485. I am getting married to a girl in India in Nov/Dec 2013 and she doesn't currently have any US visa.

 

Currently, there is strike going on my state (AP) and the office that registers the marriage confirmed to us that they won't be working/doing the registrations in the near future (atleast a week or so, at the minimum). So there is no hope of getting married in Sep since we won't be able to get the marriage certificate.

 

(1)    Assuming that October is retrogressed beyond my PD, Do you think it is safe for me to apply my 485 towards the end of

        Sep (that is before the marriage, marriage will be in Nov/Dec).  Is there something that I can do which will guarantee that

        my 485/GC won't be approved before Dec even though I filed it in Sep end.

(2)   What can I do to not get my 485/GC approved before December? If my 485/gc doesn't get approved before Dec then there

        won't be any problems for my fiance to enter US in Dec.

[Belle]

1) Define "safe". We know that if the PD is retrogressed in October, the case won't be approved in October. But that's what you should expect anyway given the timeline. I have to ask what are the chances of the date to be retrogressed through December. Since there is no answer to that, knowing that it is retrogressed in October is not really helpful.

2) Not file. You can try to reschedule your FPs, but given your travel, it is not clear if you will be able to do it.

 

Why would she have any problems entering US? Is she going to try to enter on H4? If not, there will be any issues.

[Belle]

Also, if you don't get married in the next week... then why you can't get married in two weeks? Or do other states (or countries) not exist? Is AP a state in India? Were you planning to travel there to get married? Can you two travel to a different state/country? Why do you think you need to do it in the next week?

[omshiv]

Also, if you don't get married in the next week... then why you can't get married in two weeks? Or do other states (or countries) not exist? Is AP a state in India? Were you planning to travel there to get married? Can you two travel to a different state/country? Why do you think you need to do it in the next week?

 

Yes, AP is a State in southern India.

[prashpathak1@gmail.com]

Hi Belle, Thank you for the reply.

 

(1)    What I mean by safe is , to not get my 485 approval but still be able to file 485 while I have the chance. I am guessing if Oct dates are retrogressed (which we'll know on/around Sep 10/12th?), then Nov dates will

        also be in the same boat as Oct or even retrogress further.

(2)    If I reschedule my FP, is it for sure that my 485 won't be approved until I complete my FP?

(3)    How many days/months can I reschedule my FPs and how many times can I reschedule it?

(4)    Since the FP notification will come to my attorney and me, can't my attorney automatically postpone the FP?

(5)    Can I withdraw my 485 application if Nov dates become current for my PD? If yes, are we sure that my 485 will get withdrawn before it's approval?

(6)    Are there any drawbacks if I withdraw my 485 in Nov (if it becomes current in Nov and if I filed my 485 in Sep)?

(5)    I can't really get married in different state/country due to logistics/personal issues. I have to get married only in my state and they won't be able to register it -- so getting the marriage certificate in the next 2

        weeks is ruled out. The reason why I gave "1/2 weeks time frame in Sep to get married" is because I would need to come back to US and be able to file 485 before Sep 30.

(6)    She doesn't have any US visa yet and she would need to enter US in Nov/Dec on H4 visa which she won't be able to get in Nov if I get my 485 approval before she goes for visa in Nov (after the marriage)

[tusharvk]

ok. so right now you know that the date is current in september 2013.

In the next week or so, you will know if the dates are current in october 2013.

If your dates are current in only september 2013, check out the processing times at your service center and evaluate the probability of approval till december.

If your dates will remain current in ocrober, 2013, wait till nov bulletin arrives to make your mind up.

 

Have you considered the alternative where your wife arrives on h4 and you get your approval before she can file 485.

Other option is delaying your 485 filing till you both are in the US and can file your 485 together. That way she has at least AP to fall back on in case your 485s get approved at different times.

[chakrakr]

Have the religious ceremony in AP  and have the registered marriage in a neighboring state.  It will cost you some money (travel with self and at least 3 witness)  but worth.    Also I doubt that all areas of AP  are having trouble .  Check different cities. 

[omshiv]

Yes, AP is a State in southern India.

 

 

Osmania Univ..famous one.

[Belle]

If you want to get married now and come back before the end of September, it's fine. Or you can file I-485 now, and then travel to get married, that's fine, too. You have 2-3 months after filing for legal marriage to happen. You don't need to have the marriage certificate in hand for any of those things, so I don't see why you are hesitant. When your wife prepares to come to the US (on H4 or with a green card), she will need the certificate, but not before that. I'd do just that. Quick civil marriage, the wife will finish up the details, and you can have your big party whenever you can figure it all out. In the meantime, your I-485 is filed, and if the dates retrogress, you can at least use AC21 after 180 days of filing (still need to extend H1 for your wife to maintain status). Can your finace get a visitor visa in the next month, come to the US, you two get married, have a honeymoon, and then she goes back to prepare for the party? That would work, too.

 

I would not rely on FP rescheduling. You can probably do it once. The application won't be processed without the FP approval, and when you ask to reschedule, it will probably be rescheduled a month from your original date (or they may suggest that you just go and submit FPs whenever you can).

[prashpathak1@gmail.com]

If you want to get married now and come back before the end of September, it's fine. Or you can file I-485 now, and then travel to get married, that's fine, too. You have 2-3 months after filing for legal marriage to happen. You don't need to have the marriage certificate in hand for any of those things, so I don't see why you are hesitant. When your wife prepares to come to the US (on H4 or with a green card), she will need the certificate, but not before that. I'd do just that. Quick civil marriage, the wife will finish up the details, and you can have your big party whenever you can figure it all out. In the meantime, your I-485 is filed, and if the dates retrogress, you can at least use AC21 after 180 days of filing (still need to extend H1 for your wife to maintain status). Can your finace get a visitor visa in the next month, come to the US, you two get married, have a honeymoon, and then she goes back to prepare for the party? That would work, too.

 

I would not rely on FP rescheduling. You can probably do it once. The application won't be processed without the FP approval, and when you ask to reschedule, it will probably be rescheduled a month from your original date (or they may suggest that you just go and submit FPs whenever you can).

 

Hello Belle,

 

Thank you for the reply. Getting a registered marriage in India and coming back to USA and then filing 485 by end of sep is almost ruled out now because of the strike in my state in India (marriage registration won't be done and on top of that I also need to get my H1 stamping done which may or may not be done in time for me to come back and file). Having her come here on visitor visa before marriage is also ruled out due to personal/logistic issues. I am not really worried about the cost but it won't happen due to personal reasons.

 

1) So my question is can I file my 485 by end of Sep (assuming Oct retrogresses) and get married in Nov and come back with my wife in Nov to USA? Do you see any issues with this approach?

2) I am assuming Nov dates will also be retrogressed if Oct dates are retrogressed (Jan 2007 EB2 India). How much probability is there for Nov dates to be come current for my PD even though Oct dates are retrogressed?

[Belle]

1. Not really. It's very unlikely your case would be approved that fast.

2. Retrogression is very unpredictable, so I would not bank on a lot unless the cut off date is a year from yours in either direction.