Marriage after I-140/I-485 pending after concurrent filing, EAD and AP approved


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Hi all
I am in a confused situation at this point and i really appreciate your valuable comments or suggestions in my case. 
In april 2014 i had filed just for myself for I-140/I-485 (concurrent filing) under EB-1 category (outstanding professor/researcher). Filing was done by my company. 
I got EAD (valid until july 2015) and AP approved 2 weeks before. At this point I-485 and I-140 are pending. 
My H-1B expires at the end of 2014 and i am currently on H-1B.
I was single until now and i have a potential match now. She (my potential match) is on H-1B and already have I-140 approved under EB-2 category. 
Would i be able to add her to my I-485 at this point.
What options do i have at this point to add her to my I-485?
Can you please share your ideas/thoughts about this situation. 
I really appreciate it.

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Since your PD is current, she should be able to file for her I-485 as your derivative once you two get married given the fact that your GC is still pending, if your I-485 gets approved prior to your marriage and her filing for I-485 as your derivative, then she would fall under family based GC processing instead of EB catergory.

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There is no "adding" to your I-485. Your spouse will be filing his/her own I-485. However, the only way your spouse can become eligible to file I-485 under your category, you must be married before your I-485 is approved. If the marriage is after your green card application is approved, you will be able to sponsor your spouse under family category (some wait is expected).


Now, given that you just found someone compatible, I would caution you against getting married to accommodate your green card schedule. Marriage is a bigger deal than a green card. Your SA does not seem to be up against the wall in status and has options. Just go at the pace two of you are comfortable.

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  • 2 weeks later...

You have one option. I wouldn't really do it if i were you but.... you can request a marriage licence in your state and get a civil marriage in your county.. in my county it costs just 10 bucks to get married in the court.


   But like Belle advised.... this is the most important step in your life and you don't want to rush into it just for the sake of the damn GC. You said your wife is already on H1. So there is no worry of separation. In the worst case your GC gets approved before marriage. She can still be in the US on H1 and apply for Family based GC which is not as delayed as one on EB.

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  • 1 month later...


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