u930389404

Hi:

I am in a situation where I am going to apply for I-485 and plan to get married to another
H1 holder in the next few months.

My question is: Will I be able to add my spouse to my I-485 application (after say 4
months)? Please explain what I should now to take care of the future requirements and what
shouldn't be done.

Thank you

Raj


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Sylvia Ottemoeller

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The best thing would be for you to delay filing your I-485 application until after
marriage. Your spouse is eligible to file his or her own I-485 simultaneously with
yours. There is no requirement for a time delay after marriage, except that you must
get a certified copy of your marriage certificate from the hall of records, which can
take a few weeks after the marriage.

If you file I-485 first, your spouse can file the dependent I-485 later, but this is
not the optimal strategy. Please explain what I should now to take care of the future
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I have heard that occasionally INS checks out marriages which occur under these
circumstances, i.e. marriage to the beneficiary of an approved I-140, just before
filing the I-485. So, accumulate a little evidence of the validity of the marriage:
bank accounts, mortgages, leases in both names, etc.