biran

I am in USA on H1 visa since 1999. The current H1 visa stamped on my passport is expiring in May 2003 and I am applying for premium H1 processing this week. Meanwhile, I filed I-485 in January 31 2002 and also got the Advanced Parole Visa in July 2002. My 485 petition is still pending with INS. I am planning to get married and apply my wife's H4 in may 2003 . I have the following questions:

1. I have never used the AP Visa and maintaing H1 status. Is there a risk involved in stamping new H1 since I filed for 485?

2. If the US Consulate denies extension of my H1, can I re-enter USA using my AP? In that case how can I sponsor my wife for H4?

3. I guess if I am able to marry before my GC approval then either I can do the consular processing ( less than an year ) or if I can bringe her to USA then she can join in my GC . Am I correct ?

I would really appreciate if anyone can help me with these questions.

Thanks in advance.

Mrtravel

biran wrote:
    >
    > I am in USA on H1 visa since 1999. The current H1 visa stamped on my
    > passport is expiring in May 2003 and I am applying for premium H1
    > processing this week. Meanwhile, I filed I-485 in January 31 2002 and
    > also got the Advanced Parole Visa in July 2002. My 485 petition is still
    > pending with INS. I am planning to get married and apply my wife's H4 in
    > may 2003 . I have the following questions:
    >
    > 1. I have never used the AP Visa and maintaing H1 status. Is there a
    > risk involved in stamping new H1 since I filed for 485?

Interesting question, for which I don't have an answer.

    >
    > 2. If the US Consulate denies extension of my H1, can I re-enter USA
    > using my AP? In that case how can I sponsor my wife for H4?

If you don't have the H1 extended and it expires, then your wife can't
get H4.

    >
    > 3. I guess if I am able to marry before my GC approval then either I can
    > do the consular processing ( less than an year ) or if I can bringe
    > her to USA then she can join in my GC . Am I correct ?

She would need the H4 to come to the US to live.
If you get your green card BEFORE you get married, you are going to have
a problem getting her status to live in the US anytime soon (6 years or
more, probably)

GET MARRIED AND GET HER H4 BEFORE THE I-485 IS
APPROVED......................................

Folinskyinla

Brian:

Your wife's status is dependent upon your pending adjustment NOT being approved before you marry her! You may not want to wait until June!

You might want to consider traveling abroad SHORTLY and getting married ASAP.

She can do the H-4 as long as you are maintaining valid H-1 status. The pending AOS is of no effect.

Also, H-1's can travel on their VISAS without abandoning their adjustments. On the safety side, you might want to enter on the VISA and not the advance parole.

You seem to be spending a lot of $$ here -- have you talked to your lawyer? Do you have one? If so, talk to her.