Manny Freitas

I filed form I-485 about a year ago to adjust to permanent resident status, along
with form I-797, medical examination report, etc, etc... I had my finger prints taken
sometime last last October. In other words, it's just a matter of waiting now I guess
but my question is this: What happens if I get married in the mean time. My
girlfriend is neither an American citizen nor a permanent resident. I know I can
always wait but who knows how long this process is going to take, it's been almost 3
years already.

Any suggestions/help would will be appreciated. Thanks,

- Manny.

John Kao

If you get married before your I485 got approved, I think you can still file I485 for
her based on your I485 (derivative status). And if your I485 is approved then, her's
also. But after your I485 is approved, it will be tough to apply a visa for her based
on your Green Card status.

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Sylvia Ottemoeller

Manny Freitas wrote:

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You had better marry quickly. If your I-485 was employment-based, it could be
approved at any moment, and you will not know it until you receive the approval
notice by mail.

If you marry before you become a U.S. permanent resident (the date of the I-485
approval notice), your wife may "follow-to-join." This may take awhile, depending
on where she is, whether she can file I-485, or she does IV processing, and so
forth. Essentially, your wife will immigrate as your dependent in your
employment-based category.

If you marry the day after your I-485 is approved, or later, your spouse will fall
into a different category. Your wife will immigrate in the family-based category F2A.
It will be 6 years, probably, before you can get PR status for her. During the 6 or 7
years that she waits for the quota, in order to be with you, she must have her own
temporary status authorizing her stay in the U.S. She will not be able to obtain
temporary statuses because of her permanent intent. If she is not eligible for a
temporary status, she will have to wait outside the U.S. If you join her and stay
outside the U.S. for too long, you will lose your PR status.

Manny Freitas

If you marry before you become a U.S. permanent resident
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Thanks a bunch for the info. Hopefully I won't be approved in the next 2 weeks. I
think that's the first I've ever said that One last quick question: Any idea how
much that will delay my own process, if any at all?

- Manny.

Sylvia Ottemoeller

Manny Freitas wrote:

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Your marriage will not have any effect on your I-485 processing time.