ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
1995-
ILW.COM,
American
Immigration LLC.

Results 1 to 7 of 7

Thread: regd fililng i-485 before marriage

  1. #1
    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. #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

  3. #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...

  4. #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.

  5. #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

  6. #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?

  7. #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.

Similar Threads

  1. i-485 by marriage denial
    By marzenka in forum Immigration Discussion
    Replies: 62
    Last Post: 08-03-2008, 12:45 PM
  2. Marriage and I-485
    By calix in forum Immigration Discussion
    Replies: 7
    Last Post: 12-24-2007, 02:39 PM
  3. I-485 Marriage interview
    By Iris cali in forum Immigration Discussion
    Replies: 4
    Last Post: 07-11-2005, 11:02 AM
  4. regd - Driver's Licence
    By suba in forum Immigration Discussion
    Replies: 60
    Last Post: 01-02-2004, 08:45 AM
  5. Replies: 2
    Last Post: 01-27-2003, 12:17 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: