485 Application to spouse [Archive]

admchaitu

03-30-2012, 11:24 AM

sunny1000

03-31-2012, 09:41 PM

Hi Experts,

My PD is April 2010 which is current now and i am single. I am getting married in the last week of April. Here is my understanding based on threads i have gone thru, Please correct me and help me make right decision. As per recent news, Priority dates for EB2 will retrogress in May bulletin. Assuming that it is true, I am trying to find out the options available. I have my valid H1B with stamping until Oct 2013.

1. I can add my spose to my pending 485 application only when my PD is current.

That is correct. You should file for her own I-485 when your date is curent.

2. Can i add my wife while she is in india immediately after my marriage and stamping?

No. She has to be in the U.S for you to file for I-485.

3. Lets assume that i am not able to add my wife in the month of april and dates are retrogressed, My understanding is that i will have to continue on H1B to maintain my wife's H4 status. If i bring my wife to F1 status, Can i move to EAD status?

Yes. that is correct and yes, you can move to EAD if your wife is on F1.

4. Hypothetical scenario, If my 485 gets approved, Will my wife be out of status, Can i add my wife after my 485 gets approved with out my PD is being current?

If your I485 gets approved before you get married, you have no choice but to file for GC under the Family based category. If your I-485 gets approved after you get married but before you can file for her I-485, you have to file for I-824 to start the "follow-to-join" process.

Thank you

Please see my answers in RED.