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Change in marital status - should that be mentioned during 485 processing

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Change in marital status - should that be mentioned during 485 processing

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Old Oct 8th 2006, 1:49 pm
  #1  
Jef
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Default Change in marital status - should that be mentioned during 485 processing

Hi,
If I get married after applying for 485, do I need to mention to INS
before my GC gets approved that I'm married. My spouse is not in US and
has never travelled to US.
I want to file a following to join application on my wife's behalf and
was wondering if that would be an issue since I never informed INS
during the 485 processing?
Does the interviewer (when called to interview for GC) ask about the
change in marital status, if I say yes. Do I have to provide the
details or I can just say that I am planning to file a "following to
join" for her?

Please share your expereicens, I will be grateful.
Jeff
 
Old Oct 9th 2006, 9:11 am
  #2  
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Default Re: Change in marital status - should that be mentioned during 485 processing

Originally Posted by Jef
Hi,
If I get married after applying for 485, do I need to mention to INS
before my GC gets approved that I'm married. My spouse is not in US and
has never travelled to US.
I want to file a following to join application on my wife's behalf and
was wondering if that would be an issue since I never informed INS
during the 485 processing?
Does the interviewer (when called to interview for GC) ask about the
change in marital status, if I say yes. Do I have to provide the
details or I can just say that I am planning to file a "following to
join" for her?

Please share your expereicens, I will be grateful.
Jeff
No experience to share, but maybe this will help:

http://www.murthy.com/news/UDmar485.html
Elvira is offline  
Old Oct 9th 2006, 12:08 pm
  #3  
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Joined: Sep 2002
Posts: 16,266
Folinskyinla is an unknown quantity at this point
Default Re: Change in marital status - should that be mentioned during 485 processing

Originally Posted by Jef
Hi,
If I get married after applying for 485, do I need to mention to INS
before my GC gets approved that I'm married. My spouse is not in US and
has never travelled to US.
I want to file a following to join application on my wife's behalf and
was wondering if that would be an issue since I never informed INS
during the 485 processing?
Does the interviewer (when called to interview for GC) ask about the
change in marital status, if I say yes. Do I have to provide the
details or I can just say that I am planning to file a "following to
join" for her?

Please share your expereicens, I will be grateful.
Jeff
Hi:

OF COURSE you tell them. It happens to be the truth. In fact, take an I-824 with you to the interview ready to file it.

On part 3, question #3, if you are the beneficiary of a labor certificate, put in your "PRIORITY DATE" as the filing date. In question #2 -- put your classficiation in the status -- e.g. section 203(b)(3) or whatever.

Also put an attachement giving your wife's personal information -- name, date and place of birth and CURRENT mailing address.

Also attach a copy of the marriage certificate.

Second thought -- do you have a lawyer?
Folinskyinla is offline  
Old Oct 12th 2006, 6:04 am
  #4  
Jef
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Posts: n/a
Default Re: Change in marital status - should that be mentioned during 485 processing

Hi
Thanks for your response. Sometimes the employment based adjustment of
status cases are approved without an interview. Is there a time limit
within which you have to apply for following to join? I read in
different forums that it has to be within one year from the approval of
485.
It is possible that after the marriage the couple decided to stay in
theor respective countries. After a while things changed and the spouse
in US decides to apply for following to join for his spouse in the
foreign country, is he under some sort of deadline to apply for this?
At the time of applying for I824, should the approval for 485 include
the name of the spouse?

Thanks
Jeff

Folinskyinla wrote:
    > > Hi,
    > > If I get married after applying for 485, do I need to mention to INS
    > > before my GC gets approved that I'm married. My spouse is not in US
    > > and
    > > has never travelled to US.
    > > I want to file a following to join application on my wife's behalf and
    > > was wondering if that would be an issue since I never informed INS
    > > during the 485 processing?
    > > Does the interviewer (when called to interview for GC) ask about the
    > > change in marital status, if I say yes. Do I have to provide the
    > > details or I can just say that I am planning to file a "following to
    > > join" for her?
    > >
    > > Please share your expereicens, I will be grateful.
    > > Jeff
    > Hi:
    > OF COURSE you tell them. It happens to be the truth. In fact, take an
    > I-824 with you to the interview ready to file it.
    > On part 3, question #3, if you are the beneficiary of a labor
    > certificate, put in your "PRIORITY DATE" as the filing date. In
    > question #2 -- put your classficiation in the status -- e.g. section
    > 203(b)(3) or whatever.
    > Also put an attachement giving your wife's personal information -- name,
    > date and place of birth and CURRENT mailing address.
    > Also attach a copy of the marriage certificate.
    > Second thought -- do you have a lawyer?
    > --
    > Certified Specialist
    > Immigration & Nat. Law
    > Cal. Bar Board of Legal Specialization
    > Posted via http://britishexpats.com
 
Old Oct 12th 2006, 6:41 am
  #5  
Account Closed
 
Joined: Sep 2002
Posts: 16,266
Folinskyinla is an unknown quantity at this point
Default Re: Change in marital status - should that be mentioned during 485 processing

Originally Posted by Jef
Hi
Thanks for your response. Sometimes the employment based adjustment of
status cases are approved without an interview. Is there a time limit
within which you have to apply for following to join? I read in
different forums that it has to be within one year from the approval of
485.
It is possible that after the marriage the couple decided to stay in
theor respective countries. After a while things changed and the spouse
in US decides to apply for following to join for his spouse in the
foreign country, is he under some sort of deadline to apply for this?
At the time of applying for I824, should the approval for 485 include
the name of the spouse?

Thanks
Jeff
Hi:

No time limit other than death and/or maintenance of status. Under prior versions of law, there was a difference between "accompany" and "following to join" when it came to "cross-chargability" issues -- and "accompany" had a four month time limit -- but there was a way around it. But that is not an issue in your case.
Folinskyinla is offline  

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