Want to apply 4 greencard after marriage

[Bingy81]

Hi,

i posted the same question in so many other forums i didn't get proper reply. Let me post it hope some body answers me ...

My I485 is pending - PD dec2006 and my fiancee is on H1B ... if we get married while my I485 is pending can i apply for him along with mine or should i start from the beginning?

tnx in advance

[validIV]

Hi,

i posted the same question in so many other forums i didn't get proper reply. Let me post it hope some body answers me ...

My I485 is pending - PD dec2006 and my fiancee is on H1B ... if we get married while my I485 is pending can i apply for him along with mine or should i start from the beginning?

tnx in advance

Fill out your profile and someone will help u

[hsingh82]

Originally Posted by northedman

Hello, I am an Indian working in US for 2 years, I am on H1B visa now. before that I did my Masters in US. I did not applied for Green card yet. Actually I am going to marry a Russian girl in 6 months time. I want to know if I can apply for Green card under her name after our marriage. (can I do that?) Because I heard that getting Green cards for Indians takes lot of time. If I apply for Green card after she comes to US, then do we both get green card soon? I am not familiar with the green card rules yet. Any advice will be appreciated. Thanks a lot.

I hope by Russian you mean she is born in Russia. If she is Russian Citizen but born in India .. you will be in the same queue as us .

[krishnam70]

Originally Posted by Bingy81

Hi,

i posted the same question in so many other forums i didn't get proper reply. Let me post it hope some body answers me ...

My I485 is pending - PD dec2006 and my fiancee is on H1B ... if we get married while my I485 is pending can i apply for him along with mine or should i start from the beginning?

tnx in advance

You can always add your spouse if your 'I485 date is current and your application has not been adjudicated' If your GC is approved also you can add your spouse up to 30 days.

I am not sure what is the situation if , your 485 is approved (without your date becoming current - its quite possible some people are getting approved without dates being current) and you are unable to add your spouse since the 485 date itself might show unavailable. There might be a separate provision for that (may be you move in to family category?)

If you fill your profile and give more details you might get better advise.
good luck

- cheers
kris

[Bingy81]

Hi Kris,

thanks for ur reply

[Bingy81]

will update my profile

[northedman]

Originally Posted by hsingh82

I hope by Russian you mean she is born in Russia. If she is Russian Citizen but born in India .. you will be in the same queue as us .

yes she is Russian born in Russia..

[desi3933]

Originally Posted by krishnam70

You can always add your spouse if your 'I485 date is current and your application has not been adjudicated' If your GC is approved also you can add your spouse up to 30 days.

>> If your GC is approved also you can add your spouse up to 30 days.
Incorrect

As long as she was married to you BEFORE your I-485 was approved, she can file I-485 (if in USA on her independent visa like H1/L1/F1) or follow-to-join in home country when your PD is current. There is no day limit here.

If she is in USA on dependent visa (H4/L2) and that becomes inactive once your I-485 is approved. In that case, she has 180 calendar days (under 245(k)) to file for I-485. Of course, PD needs to be current at the time of her I-485 filing.


_______________________
Not a legal advice.
US citizen of Indian origin