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regd fililng i-485 before marriage

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  • regd fililng i-485 before marriage

    hi

    am currently in US and my green card is in process. i already got my labor and i-140 approved. am still single
    and am from india.

    i hrd people saying that its better to get married and bring your spouse to US before filing the final step i-485
    to avoid any further complications. please let me know what are the issue in filing the i-485 before marriage
    sherin

  • #2
    hi

    am currently in US and my green card is in process. i already got my labor and i-140 approved. am still single
    and am from india.

    i hrd people saying that its better to get married and bring your spouse to US before filing the final step i-485
    to avoid any further complications. please let me know what are the issue in filing the i-485 before marriage
    sherin

    Comment


    • #3
      I don't know employment based immigration so well, but the issue is whether your spouse will be included in this petition as dependant or not; whether he/she can get an immigrant visa shortly after you adjust status (as your dependant) or you would have to petition seperately for your spouse once you become permanent resident (it may take 5 years before an immigrant visa is issued in that way).

      I am not sure when is too late to get married and have spouse included in this employment based petition. Should that be by the time you file I-485 or spouse can be included even later?! Hope someone knows. But I think that's the issue you've heard about...

      Comment


      • #4
        Basic info about your current nonimmigrant status is missing. Anyway, let's suppose you're in status under H-1B, L-1A/B, etc. You could go home, get married, and bring in your soon-to-be spouse with you as your H-4, L-2, etc. dependent. Upon landing, file an AOS (I-485/I-765/I-131) on his/her behalf. You'd receive your GCs at the same time.

        In another scenario... you go home, get married, leave your spouse behind, and file Form I-824 upon your return to the US. This has a regulatory time frame for filing - within one year when your priority date becomes current or when your GC gets approved, whichever is later.

        Either way, you could possibly get together within a very short time line.

        Comment


        • #5
          Hi Aneri and RN,

          Thanks for that info - learned something new again today.

          Good luck Sherin!
          Do all the good you can, in all the ways you can, as long as ever you can.

          --John Wesley

          Comment


          • #6
            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Rough Neighbor:
            you go home, get married, leave your spouse behind, and file Form I-824 upon your return to the US. This has a regulatory time frame for filing - within one year when your priority date becomes current or when your GC gets approved, whichever is later. </div></BLOCKQUOTE>

            Would a spouse be able to use "follow to join" within a year regardless of when the marriage took place? Let's say they get married after PD becomes current? or after primary beneficiary gets GC?

            Comment


            • #7
              I meant I-824 'follow-to-join benefit' applies if filed within one year against marriage that took place when petition for GC (or I-140 petition) gets approved, or the laborcert/PERM & I-140 priority date becomes current, whichever is later. Because when the marriage takes place "after" the principal becomes a GC holder, the spouse/dependent will fall under F-2A. Good catch, sorry.

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