Getting married while applying for a green card

[miracleman]

Dear All,

I apologize if I misplaced this question.

Me and my girlfriend are planning to get married soon. I am in H1-B status and she is in the US on B1/B2 visa.
I have filed for U.S. permanent residency under National Interest Waiver. But my case has not been processed yet. (I-140 stage)

1) If we get married now, would I be able to include her into I-485 form as my spouse (once my case is approved)?
Should we expect any complications? (She entered the US as a visitor. Most likely, our marriage would be only several month long when it is time to file for I-485).

2) Alternatively, we could wait with filing for I-485 and apply for H4 dependent status for her first. Would it work?

3) Would you advise to postpone the marriage until my residency is fully approved? (And then apply for her residency under F2 category?)

4) Would it be easier for her to return to her home country (Russia) and apply from there?

Thank you so much for your help!

[sunny1000]

Originally Posted by miracleman

Dear All,

I apologize if I misplaced this question.

Me and my girlfriend are planning to get married soon. I am in H1-B status and she is in the US on B1/B2 visa.
I have filed for U.S. permanent residency under National Interest Waiver. But my case has not been processed yet. (I-140 stage)

1) If we get married now, would I be able to include her into I-485 form as my spouse (once my case is approved)?
Should we expect any complications? (She entered the US as a visitor. Most likely, our marriage would be only several month long when it is time to file for I-485).

2) Alternatively, we could wait with filing for I-485 and apply for H4 dependent status for her first. Would it work?

3) Would you advise to postpone the marriage until my residency is fully approved? (And then apply for her residency under F2 category?)

4) Would it be easier for her to return to her home country (Russia) and apply from there?

Thank you so much for your help!

1. If your I-140 is approved, you can both file for I-485 but, she being on the visitor visa is a bit complicated.

2. I think you should do this (apply for H4 first) instead of applying for I-485 when she is on B1/B2.

3. don't postpone it. Get married before your I-485 gets approved so that she can ride on your application quota (Employment based rather than Family based).

4. That is also an option once you guys are married. You can apply for her follow-to-join once your I-485 gets approved. I would use this as a last option as once she leaves, she will not be able to return on B1/B2 as she is considered a potential immigrant.

Your best option is #2 (apply for her H4, change status from B1/B2 to H4 and then, file for I-485 together). This way you will not be living apart for long.

Good luck with everything.