Guidance for a unique situation


dsehgal

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Hi,

 
I got engaged last weekend and would be getting married later this year or early next year.
 
My fiance is currently on an H1-B. He is also planning on leaving his current job and going to India (his home country) for the next few months. He may be travelling on a B1/B2 visa.
 
My I-140 has been filed under premium processing and my priority date would possible be current (I was born in the UAE)
 
Once we get married, I would be sponsoring his Green Card. Now my understanding is that if I do that after getting my green card, his case will fall under the FA2 category which can take a few years to process and that may mean that I cannot stay with him in the US and her may have difficulty gaining entry to the US once his H1-B expires (October 2015) or even if he is travelling on a B1/B2 as his I-130 would be filed.
 
I have a few questions for this situation and will appreciate the help:
  1. Can I file for his green card as a joint petition before I file for my I-485?
  2. Does that mean that we would have to get married before my I-485 is filed?
  3. My I-140 has been field under premium processing and assuming that my date is current, how long do I have to marry him if I want to file him as a "follow to join" with my I-485 filing? 
  4. Would I have to marry him in India or the US or it doesn't matter? 
  5. Is it recommended that he stays on his H1B till we get married or perhaps come to the US on a H4(my dependant) before we can jointly file for the green card?
I would also appreciate it if we can schedule a short call to discuss the same.
 
Looking forward to your response.
 
Best,
Damini
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