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Can I enter on AP, and spouse on H4 ?

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  • Can I enter on AP, and spouse on H4 ?

    First, I'd like to sincerely wish everyone success in their processes. I wish we all can put the immigration process behind us and live happily.

    While my I-485 is pending and I'm still on H1B, I want to go home and get married, and bring spouse on H4

    Current status:
    AOS (I-485, I-131,I-765) filed Dec-01-2013
    Received EAD/AP combo card. Finger printing done.
    *I-485 pending*
    H1B/I-94 till Sep-2015. *Expired* stamp from previous H1B

    I now realize that if I get married after my I-485 approval, I'll have to wait through the F2A quota before spouse can come to US - which can be very lengthy (no movement last 4 months). Since I'm still H1-B status, so H4 route for spouse would be much faster.

    Two complications:
    I have AP combo card, but don't have a current H1B stamp (I-94/H1B approval is till Sep-2015)
    I-485 might be adjudicated as soon as 1-2 months, and would lose H1B status then

    I understand that ideal/simple case would be:
    Fly home, get married
    I apply for H1B stamp, spouse applies H4
    Enter US on H1B/H4
    File for spouse I-485 - and hope all this happens before my I-485 is adjudicated

    I want to see if I can save time and avoid applying for H1B stamp (because H1B admin processing is unpredictable)

    Is the following possible?
    I travel back soon, get married
    Only spouse applies for H4 stamp - Is this even possible? Or would I need to apply for H1B stamp for myself, for spouse to get H4?
    We fly back together
    Spouse goes ahead in line and enters as H4. Then I enter on AP

    I believe if I enter on AP, my H1B would still remain intact, so spouse H4 should remain valid too.
    Entering on AP causes secondary checking. But I'm guessing even if we are questioned, things should be okay. Is this correct? Or would there be any issues?

    Has anyone done that before? Can I try something else?

    Kindly provide feedback on these backup options:
    If after marriage, my I-485 is approved before we can come back to US - I will return alone and use follow-to-join option (I-824).
    Would that be the right thing to do?
    Would it be faster than going through I-130/F2A

    If I apply for H1B stamp and spouse for H4, and if before the stamping, my I-485 is approved - there shouldn't be any issue when I return, right?

    What if spouse is able to enter on H4, but my I-485 get approved before we can file the 2nd I-485? Will spouse have to leave?

    I would really appreciate your guidance and support. Thanks.

    And my sincere best wishes to everyone!!

  • #2
    You are under AOS, so you will void your AOS if you apply for a new non-immigrant visa. The best solution is the get married, update your AOS with the information on the spouse and wait for the greencard provided you are sponsored by an employer. If you are in a family preferance, you are out of luck. Better to end the AOS and go back to H-1B and hope for an employer sponsor for a greencard for you and your wife.


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