PD Current, Just got married, need to add wife on GC ASAP! HELP


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Hi All,
I have a rather complicated situation, I will try to make it as clear as possible, please read and advise, thanks!

1. I am currently on H1B but I have an EAD card with me (till Nov 2014) after I-485 filing last year. I am not on AP since I used my H1B to enter the US last week.
2. I got a registered marriage done in India last week and my wife is in India now applying for her H4.
3. My priority date JUST became current as of the last visa bulletin, so from July 1st, my pending I-485 application will be considered for adjudication.
4. We have a religious wedding ceremony in India on July 14th, so I have to be there for that and travel back shortly after that.

I would obviously like to get my GC for both myself and my wife, but for that she has to get an H4, and then apply for her I-485 for which she has to be physically present in the country. I see two options

1. She comes here on H4 ASAP and we start the I-485 process for her and get her medical done etc.
2. We wait and come back after the religious wedding and then apply for her I-485

Under option 1, what will happen if we both get GC while we are in India? How can we re-enter? I can probably use my EAD, but what about my wife?

Under option 2, what is the processing time for them to give the GC once the dates are current? Can I get the GC within 3 weeks? If that's the case, then what will happen to my wife's application and will I have to do a follow-to-join since we were technically married before the GC came?

I am sure I have more questions, but please respond! Thanks so much!

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1. You can re-enter using H1 and H4 visas.

2. If you application is approved before your wife comes to the US and files I-485 (we are talking approved weeks before - if days, she can likely push the envelop by entering on H4 - I recommend that she enters the US before you do), then she will need to file following to join.


So, call a lawyer and ask about your wife entering after your green card is approved on H4. How many days in between do they think they would be comfortable with? Should you be outside the US when your green card is approved? The point is that she can pull this off under the assumption that you did not know the green card was approved, and once she is legally admitted to the US, she can file her I-485.

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