Marrying before and after 485 approval

[penma]

Hi All,

I am working on H1B visa, I have filled my greencard through Employment based(PD Nov2006), which is current for July 2011(india).

I am planning to get married. Girl is in India and Phd in psychology.

I want to know what are implication of marriage before and after I-485 approval. How can I bring her to US and file for her greencard.

Imagine I marry on June 20th and my I-485 approved on July 10th.

1. Get her on H4 and file for her 485 before july 10th.

2. what happens If I can't file before july 10, say I do it on july 15.

3. If I can't bring her, here before July 10 to US. Due to say H4 held-up. She will be in India. So what next, file-to-join. How long this process takes.

4. If I marry after July 10th still I can do file-to-join, or how is the situation different from above 3.

My main concern is marrying before I-485 approval is in any way better than after I-485 approval. Are the process are different.

Please help me.

`Pen

[pontevecchio]

Marrying after you AOS is approved means a 4 year wait. Talk to the firm of Murthy ASAP and finalise your plan of action and soon.

[Shurap1]

You will have to marry her, bring her to US on H4 and her 485 application should be received by USCIS before your 485 is approved. This is the only hope for you.

Otherwise you will have to bring her here on H1/L1/F1 and wait for 5 years till you get citizen and then she can file for 485. Alternatively she can file her only GC through employment based immigration.

[Belle]

If you marry her after your approval date, you will have to file a new immgration case for her in family based 2A category, with a wait time (retrogression) of 2-5 years. The case will have to be filed with consular processing, so that's another 6 months or so.

Regarding H4 - as long as you both can claim you had no knowledge of your green card approval on the date she entered the US, she may enter the US. Generally, it is possible to enter the US for some time after principal petition has been approved.

[vegasbaby]

Hi All,

I am working on H1B visa, I have filled my greencard through Employment based(PD Nov2006), which is current for July 2011(india).

I am planning to get married. Girl is in India and Phd in psychology.

I want to know what are implication of marriage before and after I-485 approval. How can I bring her to US and file for her greencard.

Imagine I marry on June 20th and my I-485 approved on July 10th.

1. Get her on H4 and file for her 485 before july 10th.

2. what happens If I can't file before july 10, say I do it on july 15.

3. If I can't bring her, here before July 10 to US. Due to say H4 held-up. She will be in India. So what next, file-to-join. How long this process takes.

4. If I marry after July 10th still I can do file-to-join, or how is the situation different from above 3.

My main concern is marrying before I-485 approval is in any way better than after I-485 approval. Are the process are different.

Please help me.

`Pen

Marrying before your I-485 approval should be easier as far as your PR is concerned.

1. Best Option.

2. She will lose her H-4 status as soon as you get your GC. She will have to return back & you'll have to do a follow-to-join.

3. Yes you can do a follow-to-join..Shud take abt 6 months.

4. Very tough scenario..It will take abt 2-3 years..sometime back it was taking 2-3 months but i guess from April 2011, its again taking 2-3 years..

P.S. - I am not an attorney..So don't quote me on these answers..

[penma]

Originally posted by Belle:

If you marry her after your approval date, you will have to file a new immgration case for her in family based 2A category, with a wait time (retrogression) of 2-5 years. The case will have to be filed with consular processing, so that's another 6 months or so.

Regarding H4 - as long as you both can claim you had no knowledge of your green card approval on the date she entered the US, she may enter the US. Generally, it is possible to enter the US for some time after principal petition has been approved.

Thanks Belle,

If I marry before approval and I can't get her H4 on time. Then I get AOS approved. Now can I do file-to-join which is 6-8months, is this correct.

[Belle]

"Then I get AOS approved. Now can I do file-to-join which is 6-8months, is this correct."

Yes, that's correct.