I-485 and marrige question Please Help
Aug 22nd 2002, 2:46 pm
#1
Guest
Posts: n/a
I-485 and marrige question Please Help
Hello,
I have filed for my I-485 and have also gone for my fingerprinting in May 2002. I
am under the impression that I can get married before my I-485 is approved and can
sponser my spouse so she can join me, right now she is in India and I am planning
to go to India in January 2003 to get married. I was trying to find out how this
is supposed to work, do I just have to be married before the I-485 is approved or
do I have to also sponser her before I-485 is approved. Also, I do not know when
my I-485 will be approved, is there a way I can find that out. I am afraid of the
fact that if I get married while my I-485 is approved, that might cause problems.
Also, there are layoffs going on in my company (where arent they going on), can I
go on EAD and join some other company and still be able to file for a spouse's
application or do I have to do this only while I am on H1-B. Please help as I am
totally confused.
Thanks,
utpu
I have filed for my I-485 and have also gone for my fingerprinting in May 2002. I
am under the impression that I can get married before my I-485 is approved and can
sponser my spouse so she can join me, right now she is in India and I am planning
to go to India in January 2003 to get married. I was trying to find out how this
is supposed to work, do I just have to be married before the I-485 is approved or
do I have to also sponser her before I-485 is approved. Also, I do not know when
my I-485 will be approved, is there a way I can find that out. I am afraid of the
fact that if I get married while my I-485 is approved, that might cause problems.
Also, there are layoffs going on in my company (where arent they going on), can I
go on EAD and join some other company and still be able to file for a spouse's
application or do I have to do this only while I am on H1-B. Please help as I am
totally confused.
Thanks,
utpu
Aug 25th 2002, 11:34 pm
#2
Guest
Posts: n/a
Re: I-485 and marrige question Please Help
Hi,
Please anyone have any response to my questions, I do know what to do.... I will
really appriciate it!!! Thanks,
[email protected] (utpu) wrote in message
news:<[email protected]. com>...
> Hello,
> I have filed for my I-485 and have also gone for my fingerprinting in May 2002. I
> am under the impression that I can get married before my I-485 is approved and can
> sponser my spouse so she can join me, right now she is in India and I am planning
> to go to India in January 2003 to get married. I was trying to find out how this
> is supposed to work, do I just have to be married before the I-485 is approved or
> do I have to also sponser her before I-485 is approved. Also, I do not know when
> my I-485 will be approved, is there a way I can find that out. I am afraid of the
> fact that if I get married while my I-485 is approved, that might cause problems.
> Also, there are layoffs going on in my company (where arent they going on), can I
> go on EAD and join some other company and still be able to file for a spouse's
> application or do I have to do this only while I am on H1-B. Please help as I am
> totally confused.
> Thanks,
> utpu
Please anyone have any response to my questions, I do know what to do.... I will
really appriciate it!!! Thanks,
[email protected] (utpu) wrote in message
news:<[email protected]. com>...
> Hello,
> I have filed for my I-485 and have also gone for my fingerprinting in May 2002. I
> am under the impression that I can get married before my I-485 is approved and can
> sponser my spouse so she can join me, right now she is in India and I am planning
> to go to India in January 2003 to get married. I was trying to find out how this
> is supposed to work, do I just have to be married before the I-485 is approved or
> do I have to also sponser her before I-485 is approved. Also, I do not know when
> my I-485 will be approved, is there a way I can find that out. I am afraid of the
> fact that if I get married while my I-485 is approved, that might cause problems.
> Also, there are layoffs going on in my company (where arent they going on), can I
> go on EAD and join some other company and still be able to file for a spouse's
> application or do I have to do this only while I am on H1-B. Please help as I am
> totally confused.
> Thanks,
> utpu
Aug 26th 2002, 8:19 am
#3
Guest
Posts: n/a
Re: I-485 and marrige question Please Help
utpu wrote:
> I have filed for my I-485 and have also gone for my fingerprinting in May 2002.
> I am under the impression that I can get married before my I-485 is approved and
> can sponser my spouse so she can join me, right now she is in India and I am
> planning to go to India in January 2003 to get married. I was trying to find out
> how this is supposed to work, do I just have to be married before the I-485 is
> approved
If you want her to be able to live in the U.S. as a permanent resident within the
next 6 or 7 years, based on your current immigration process, then you and she must
be married before the I-485 has been approved. And I think that waiting until
January 2003 seems very very risky. If your fingerprinting was done in May 2002,
INS could approve your I-485 any time. INS does not operate in a "first in, first
out" order.
or do I have to
> also sponser her before I-485 is approved.
If she enters the U.S. in H-4 status, and she files her I-485 before your I-485 is
approved, then she will become a permanent resident earlier than otherwise.
If she marries you before the I-485 has been approved, and she does not enter the
U.S. in H-4 status, then she will probably have to wait in her country for a
"follow-to-join" process of several months, or perhaps a year, or perhaps more than a
year, before she can join you. But it will not be 6 or 7 years.
It's not a matter of "you have to" do this, or that, or the other thing. You don't
"have to" do anything at all. It's a matter of: if you do this, then this will
happen. If you do this, then this will happen. And so on.
Also, I do not know when
> my I-485 will be approved, is there a way I can find that out.
No. You will not be able to find out beforehand. You will find out a week or ten
days afterward, when it is too late.
I am
> afraid of the fact that if I get married while my I-485 is approved, that might
> cause problems.
If you get married *after* your I-485 is approved, you and your wife will have
big problems.
Also, there are layoffs going on in my
> company (where arent they going on), can I go on EAD and join some other company
> and still be able to file for a spouse's application or do I have to do this only
> while I am on H1-B. Please help as I am totally confused.
If you go on EAD, and join another employer, then she cannot enter the U.S. in H-4
status. And her following-to-join process might become a bit risky because of your
change of employer. The consular post may look closely at the change, and because
there are no INS regulations on this matter yet, I think there could be problems.
If you want to play it safe, you should go home next week, marry the woman, get her
an H-4 visa, and get her into the U.S., before a layoff occurs, and before the I-485
is approved.
> I have filed for my I-485 and have also gone for my fingerprinting in May 2002.
> I am under the impression that I can get married before my I-485 is approved and
> can sponser my spouse so she can join me, right now she is in India and I am
> planning to go to India in January 2003 to get married. I was trying to find out
> how this is supposed to work, do I just have to be married before the I-485 is
> approved
If you want her to be able to live in the U.S. as a permanent resident within the
next 6 or 7 years, based on your current immigration process, then you and she must
be married before the I-485 has been approved. And I think that waiting until
January 2003 seems very very risky. If your fingerprinting was done in May 2002,
INS could approve your I-485 any time. INS does not operate in a "first in, first
out" order.
or do I have to
> also sponser her before I-485 is approved.
If she enters the U.S. in H-4 status, and she files her I-485 before your I-485 is
approved, then she will become a permanent resident earlier than otherwise.
If she marries you before the I-485 has been approved, and she does not enter the
U.S. in H-4 status, then she will probably have to wait in her country for a
"follow-to-join" process of several months, or perhaps a year, or perhaps more than a
year, before she can join you. But it will not be 6 or 7 years.
It's not a matter of "you have to" do this, or that, or the other thing. You don't
"have to" do anything at all. It's a matter of: if you do this, then this will
happen. If you do this, then this will happen. And so on.
Also, I do not know when
> my I-485 will be approved, is there a way I can find that out.
No. You will not be able to find out beforehand. You will find out a week or ten
days afterward, when it is too late.
I am
> afraid of the fact that if I get married while my I-485 is approved, that might
> cause problems.
If you get married *after* your I-485 is approved, you and your wife will have
big problems.
Also, there are layoffs going on in my
> company (where arent they going on), can I go on EAD and join some other company
> and still be able to file for a spouse's application or do I have to do this only
> while I am on H1-B. Please help as I am totally confused.
If you go on EAD, and join another employer, then she cannot enter the U.S. in H-4
status. And her following-to-join process might become a bit risky because of your
change of employer. The consular post may look closely at the change, and because
there are no INS regulations on this matter yet, I think there could be problems.
If you want to play it safe, you should go home next week, marry the woman, get her
an H-4 visa, and get her into the U.S., before a layoff occurs, and before the I-485
is approved.
Aug 26th 2002, 4:55 pm
#4
Guest
Posts: n/a
Re: I-485 and marrige question Please Help
Hi Sylvia,
Thanks for your response. I have another problem with me and that is that I am
waiting for an approval of my H1B extension. I filed for it in March 2002 and have
not heared about so I can not even go to India right now, so it is even possible
that my 485 might be approved along with the H1 (which will probably become invalid)
I cant believe what I am saying but it would have been nice if my I-485 application
was delayed for some time!! Is there any other way she can get here like F1 and we
get married here? Will that be illegal? She can maintain her own F1 visa status and
try to get on H1 later on?
Thanks,
Utpu
Thanks for your response. I have another problem with me and that is that I am
waiting for an approval of my H1B extension. I filed for it in March 2002 and have
not heared about so I can not even go to India right now, so it is even possible
that my 485 might be approved along with the H1 (which will probably become invalid)
I cant believe what I am saying but it would have been nice if my I-485 application
was delayed for some time!! Is there any other way she can get here like F1 and we
get married here? Will that be illegal? She can maintain her own F1 visa status and
try to get on H1 later on?
Thanks,
Utpu
Aug 27th 2002, 9:00 am
#5
Guest
Posts: n/a
Re: I-485 and marrige question Please Help
utpu wrote:
> Thanks for your response. I have another problem with me and that is that I am
> waiting for an approval of my H1B extension. I filed for it in March 2002 and
> have not heared about so I can not even go to India right now, so it is even
> possible that my 485 might be approved along with the H1 (which will probably
> become invalid)
You could pay the $1000 premium processing fee, and the H-1B extension petition would
be approved within 2 weeks.
Also, if you have an EAD and advance parole, you can at least travel to India and get
married, so you can avoid the 6 or 7 year wait.
> I cant believe what I am saying but it would have been nice if my I-485 application
> was delayed for some time!! Is there any other way she can get here like F1 and we
> get married here? Will that be illegal?
That would be legal. The problem might be that her application for an F-1 visa might
be refused, very typical for young single women from India, even if they don't have a
fiance in the U.S.
She can maintain her own F1 visa status
> and try to get on H1 later on?
If she gets the F-1 visa, she can enter in F-1 status, and start school. She should
wait for at least 60 days after entry to marry you, to avoid accusation of
preconceived immigrant intent. However, those 60 days might be crucial, because your
I-485 might be approved during that time.
After you two get married, she can file Form I-485.
You might consider withdrawing your I-485, just to avoid its being approved too
quickly. Then later, you and your wife can file Form I-485s together.
> Thanks for your response. I have another problem with me and that is that I am
> waiting for an approval of my H1B extension. I filed for it in March 2002 and
> have not heared about so I can not even go to India right now, so it is even
> possible that my 485 might be approved along with the H1 (which will probably
> become invalid)
You could pay the $1000 premium processing fee, and the H-1B extension petition would
be approved within 2 weeks.
Also, if you have an EAD and advance parole, you can at least travel to India and get
married, so you can avoid the 6 or 7 year wait.
> I cant believe what I am saying but it would have been nice if my I-485 application
> was delayed for some time!! Is there any other way she can get here like F1 and we
> get married here? Will that be illegal?
That would be legal. The problem might be that her application for an F-1 visa might
be refused, very typical for young single women from India, even if they don't have a
fiance in the U.S.
She can maintain her own F1 visa status
> and try to get on H1 later on?
If she gets the F-1 visa, she can enter in F-1 status, and start school. She should
wait for at least 60 days after entry to marry you, to avoid accusation of
preconceived immigrant intent. However, those 60 days might be crucial, because your
I-485 might be approved during that time.
After you two get married, she can file Form I-485.
You might consider withdrawing your I-485, just to avoid its being approved too
quickly. Then later, you and your wife can file Form I-485s together.
Aug 28th 2002, 9:16 am
#6
Guest
Posts: n/a
Re: I-485 and marrige question Please Help
Hi Sylvia,
Thank you very much for your responses. I can try for premium processing but as you
said, I can get the I485 approved any time so I do not know if that iwll work. I
will have to talk to my company lawyer for that. Also, I had a quick question about
my I-485, how can I withdraw it more so as I am on an H1 extension i.e. in my 7th
year, I even do not know if my company will let me do that? How does withdrawing
I485 go? I can not ask these questions before hand to my company attorny as well
they seem to cc my queries to my manager and I do not know how they are going to
behave if they find out about what I am trying to
do....
THANK YOU VERY MUCH
utpu
Thank you very much for your responses. I can try for premium processing but as you
said, I can get the I485 approved any time so I do not know if that iwll work. I
will have to talk to my company lawyer for that. Also, I had a quick question about
my I-485, how can I withdraw it more so as I am on an H1 extension i.e. in my 7th
year, I even do not know if my company will let me do that? How does withdrawing
I485 go? I can not ask these questions before hand to my company attorny as well
they seem to cc my queries to my manager and I do not know how they are going to
behave if they find out about what I am trying to
do....
THANK YOU VERY MUCH
utpu
Sep 3rd 2002, 7:56 am
#7
Guest
Posts: n/a
Re: I-485 and marrige question Please Help
"utpu" <[email protected]> wrote in message news:[email protected] om...
> Thank you very much for your responses. I can try for premium processing but as
> you said, I can get the I485 approved any time so I do not know if that iwll work.
> I will have to talk to my company lawyer for that. Also, I had a quick question
> about my I-485, how can I withdraw it more so as I am on an H1 extension i.e. in
> my 7th year, I even do not know if my company will let me do that?
A pending I-485 is not a requirement for eligibility for the 7th year of H-1B status.
What is required is a pending or approved I-140, and a priority date which falls at
least one year prior to the expiration of the 6th year of H-1B.
How does withdrawing I485 go?
You would write a letter to the INS Service Center where your I-485 is pending, and
notify INS that you are withdrawing the I-485.
> I can not ask these questions before hand to my company attorny as well they seem
> to cc my queries to my manager and I do not know how they are going to behave if
> they find out about what I am trying to
> do....
I don't think you have much choice. You must consult with your own, private
immigration attorney, to seek advice which is in your own best interest, and the
interest of your fiancee.
> Thank you very much for your responses. I can try for premium processing but as
> you said, I can get the I485 approved any time so I do not know if that iwll work.
> I will have to talk to my company lawyer for that. Also, I had a quick question
> about my I-485, how can I withdraw it more so as I am on an H1 extension i.e. in
> my 7th year, I even do not know if my company will let me do that?
A pending I-485 is not a requirement for eligibility for the 7th year of H-1B status.
What is required is a pending or approved I-140, and a priority date which falls at
least one year prior to the expiration of the 6th year of H-1B.
How does withdrawing I485 go?
You would write a letter to the INS Service Center where your I-485 is pending, and
notify INS that you are withdrawing the I-485.
> I can not ask these questions before hand to my company attorny as well they seem
> to cc my queries to my manager and I do not know how they are going to behave if
> they find out about what I am trying to
> do....
I don't think you have much choice. You must consult with your own, private
immigration attorney, to seek advice which is in your own best interest, and the
interest of your fiancee.
