Adding fiancee/spouse to my 485 AOS application
Oct 31st 2001, 4:41 pm
#1
Guest
Posts: n/a
Hi!
I would appreciate any information on the following situation.
My employer has applied for my Adjustment of Status last month and I will continue to
be on my H1B for a few years (company policy, no EAD while valid H1). I am to be
married in january/february. My wife-to-be is overseas.
What alternatives do I have to file for GC for my wife-to-be and have her join me in
the US soon. Is there a need to be married now and file asap, rather than wait and
add her as a dependant in Jan/Feb? She may also be in the US on a H4/F1 by then.
What is the drop-dead deadline by which I need to add her as dependant on my GC, so
that we both get our GC's together? Can I add her to my AOS application even after I
am fingerprinted, assuming I may be by Jan/Feb?
Is there a possibility that her GC will not be approved and mine will be?
If anyone has had similar dilemma, I would like to hear of hteir experiences.
Thanks, in advance for all the suggestions. Vijay
I would appreciate any information on the following situation.
My employer has applied for my Adjustment of Status last month and I will continue to
be on my H1B for a few years (company policy, no EAD while valid H1). I am to be
married in january/february. My wife-to-be is overseas.
What alternatives do I have to file for GC for my wife-to-be and have her join me in
the US soon. Is there a need to be married now and file asap, rather than wait and
add her as a dependant in Jan/Feb? She may also be in the US on a H4/F1 by then.
What is the drop-dead deadline by which I need to add her as dependant on my GC, so
that we both get our GC's together? Can I add her to my AOS application even after I
am fingerprinted, assuming I may be by Jan/Feb?
Is there a possibility that her GC will not be approved and mine will be?
If anyone has had similar dilemma, I would like to hear of hteir experiences.
Thanks, in advance for all the suggestions. Vijay
Oct 31st 2001, 4:56 pm
#2
Guest
Posts: n/a
The critical date is the date you get your permanent residence approved. You must
must must be married by that date. You can "recover" from other situations but if
you are not married by then, your wife will not be able to get a follow-to-join
visa and you will need to sponsor her as a permanent resident which has about a
five year wait.
Other than that it's really your decision. It should be quicker for her to get an H-4
and then come here and file an I-485 based on your petition. Instead you could file
an I-824 to start consulate processing for an immigrant visa for her. Some of the
service centers are backed up a long way for the I-824s though. If you got your
greencard before she got an H-4, so long as you had been married prior to becoming a
permanent resident she would still be able to get the follow-to-join immigrant visa
from the consulate.
The only reason you would be granted permanent residence and she wouldn't would be if
she had a criminal or health problem that would prevent her from getting a greencard.
Andy.
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I'm not really here - it's just your warped imagination.
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must must be married by that date. You can "recover" from other situations but if
you are not married by then, your wife will not be able to get a follow-to-join
visa and you will need to sponsor her as a permanent resident which has about a
five year wait.
Other than that it's really your decision. It should be quicker for her to get an H-4
and then come here and file an I-485 based on your petition. Instead you could file
an I-824 to start consulate processing for an immigrant visa for her. Some of the
service centers are backed up a long way for the I-824s though. If you got your
greencard before she got an H-4, so long as you had been married prior to becoming a
permanent resident she would still be able to get the follow-to-join immigrant visa
from the consulate.
The only reason you would be granted permanent residence and she wouldn't would be if
she had a criminal or health problem that would prevent her from getting a greencard.
Andy.
--
I'm not really here - it's just your warped imagination.
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