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  #1 (permalink)  
Old 06-14-2007, 07:33 PM
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GCKarma is on a distinguished road
Question I485 And Marriage

Gurus,
I知 bachelor. I知 planning to get married in another 6 months. Should I apply for I-485? If I should, can I add my spouse later to the I-485 application before I-485 is approved and priority date is not current.
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  #2 (permalink)  
Old 06-14-2007, 07:37 PM
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Quote:
Originally Posted by GCKarma
Gurus,
I知 bachelor. I知 planning to get married in another 6 months. Should I apply for I-485? If I should, can I add my spouse later to the I-485 application before I-485 is approved and priority date is not current.
Here is one of my friend in the similar situation planning to do. He is filing 485 without any medical exam. Certainly, he is going to get query and after query you have 40 days (double check this number) to reply. So, he'll get some time to go and do wife hunting.
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  #3 (permalink)  
Old 06-14-2007, 07:38 PM
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Default Similar situation

Quote:
Originally Posted by GCKarma
Gurus,
I知 bachelor. I知 planning to get married in another 6 months. Should I apply for I-485? If I should, can I add my spouse later to the I-485 application before I-485 is approved and priority date is not current.
You will be able to file her 485 after marriage and before your approval only if your priority date is current. I am in the same situation and confused too.

Disclaimer: I am not a lawyer. The views and opinions expressed here are my own. Please consult an immigration expert for professional advice.
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  #4 (permalink)  
Old 06-14-2007, 08:11 PM
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Default Apply for I-485 and get married?

Similar situation...

I am getting married in the 1st week of Sep and am planning to get my spouse by mid Sep.

Can someone please suggest if I am fine, if I apply alone for I-485 around Jul30(and not for EAD and AP??) and add my spouse around sep20th. I-140 approval is pending and have a valid visa till '08.

How long does it take for the I-485 'approval' and is 2-3 months a safe window to add ones spouse?

Any suggestions and help with my planning are greatly appreciated.
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  #5 (permalink)  
Old 06-15-2007, 02:26 AM
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cashah19 is on a distinguished road
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Quote:
Originally Posted by rbutler
Similar situation...

I am getting married in the 1st week of Sep and am planning to get my spouse by mid Sep.

Can someone please suggest if I am fine, if I apply alone for I-485 around Jul30(and not for EAD and AP??) and add my spouse around sep20th. I-140 approval is pending and have a valid visa till '08.

How long does it take for the I-485 'approval' and is 2-3 months a safe window to add ones spouse?

Any suggestions and help with my planning are greatly appreciated.
I am in a similar situation. I am getting married in July 4th 2007. (What a day to loose my independence) in India. I am planning to come back and file my 485 before July 30th. My spouse is going to endorse her passport and come soon after, but won't be before Aug 15th. I also wanted to know what was the time window after my filing that I could still add my spouse. I have approved I140, PD is Nov 2006.
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  #6 (permalink)  
Old 06-15-2007, 04:01 AM
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I am in a similar situation too. Getting married in August. Planning to file my I-485 in July and get my spouse here on H4 visa in the first week of September. It seems (from some comments in this forum as well as elsewhere) that the dates may not retrogress for August, but there is a very real chance they will retrogress for September.

You can "add" your spouse to the I-485 (note that technically it's not "adding", but filing an entirely new I-485 for your spouse) anytime before your GC gets approved (and after you get your I-485 filing receipt), provided the priority date is still current at the time of filing. But with the possibility of a big retrogression looming, this could be a long wait for some people.
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  #7 (permalink)  
Old 06-15-2007, 07:23 AM
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Talking cashah19, i like your comment

july 04 -- What a day to loose my independence :-)
wishes for your marriage and there-after
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  #8 (permalink)  
Old 06-15-2007, 10:18 AM
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cashah19 is on a distinguished road
Default thanks guys

I must say this is the best forum ever. You guys are simply great. It feels really good to get answers to these questions. Thanks to all of you.

At least I will have a holiday on my marriage......
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  #9 (permalink)  
Old 06-16-2007, 06:46 PM
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perm2gc will become famous soon enough perm2gc will become famous soon enough
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To all Bachelors

1. you can files your I485 and later add your spouse if the dates are current or you have the priority date.
2.You can apply for EAD during I485 and at the same time can be on H1 unless you don't change an employer using EAD.
3.Unless you add your spouse to I485 process..you have to maintain your H1 status as your spouse will be on H4.
4.BY any chance your I485 is approved before adding your spouse(present in US)..you have 180days to apply for your spouse.
5.If your I485 is approved when your spouse in outsite USA..then you have to go for consular processing.
6. No one exactly knows if the PD will remain same or not.

So anyone about to marry or planning to get married,talk to your attornies about your situation and take a decision.
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  #10 (permalink)  
Old 06-16-2007, 06:54 PM
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Default

Quote:
Originally Posted by cashah19
I am in a similar situation. I am getting married in July 4th 2007. (What a day to loose my independence) in India. I am planning to come back and file my 485 before July 30th. My spouse is going to endorse her passport and come soon after, but won't be before Aug 15th. I also wanted to know what was the time window after my filing that I could still add my spouse. I have approved I140, PD is Nov 2006.
If I were you I will get her here in July and not take a chance for SEP.
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  #11 (permalink)  
Old 06-17-2007, 03:37 PM
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cashah19 is on a distinguished road
Default

Quote:
Originally Posted by perm2gc
To all Bachelors

1. you can files your I485 and later add your spouse if the dates are current or you have the priority date.
2.You can apply for EAD during I485 and at the same time can be on H1 unless you don't change an employer using EAD.
3.Unless you add your spouse to I485 process..you have to maintain your H1 status as your spouse will be on H4.
4.BY any chance your I485 is approved before adding your spouse(present in US)..you have 180days to apply for your spouse.
5.If your I485 is approved when your spouse in outsite USA..then you have to go for consular processing.
6. No one exactly knows if the PD will remain same or not.

So anyone about to marry or planning to get married,talk to your attornies about your situation and take a decision.

Thanks for the info. I still have a few doubts.

For 1. I will be having the marriage certificate at the time of filing, which will be in July. That time my spouse will be in India, as she will apply for her H4 and then come (latest by August). What I wanted to know is that if my PD is NOV 2006, doesn't that make me current. I know people are saying that visa numbers may not be availabe in Sep, but if all PD are current till June 2007, and if my wife will get my PD, what difference does it make if she files in Aug or Dec 2007. What will happen in Dec that will not let her file I-485. I am meeting my attorney next week, but with the pathetic interview scheduling system, it would be good to know so I can get an earlier date for her.

For 2. If I do change my employer, using my EAD, and if my spouse is in US, what status will that give her. a. If I file her I-485 and b. If I am unable to file her 485, if the visa numbers run out.

For 6. I am still unclear as to how the PD may not remain current. How can a PD go back, if PD is June 2007, doesn't that mean everyone who has approved I-140 till then is automatically current (No matter when they file).


I know others may have similar doubts so posting here. I will post the comments by my attorney as soon as I meet him.
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  #12 (permalink)  
Old 06-17-2007, 05:05 PM
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i dont have a marriage certificate, can an affidavit from both parents be used instead of a marriage certificate?
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  #13 (permalink)  
Old 06-17-2007, 05:08 PM
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Default Same situation - almost

Quote:
Originally Posted by cashah19
Thanks for the info. I still have a few doubts.

For 1. I will be having the marriage certificate at the time of filing, which will be in July. That time my spouse will be in India, as she will apply for her H4 and then come (latest by August). What I wanted to know is that if my PD is NOV 2006, doesn't that make me current. I know people are saying that visa numbers may not be availabe in Sep, but if all PD are current till June 2007, and if my wife will get my PD, what difference does it make if she files in Aug or Dec 2007. What will happen in Dec that will not let her file I-485. I am meeting my attorney next week, but with the pathetic interview scheduling system, it would be good to know so I can get an earlier date for her.
The priority dates are current right now and anybody with approved labor can file 485 (concurrently with 140 if that is not approved/filed). Your priority date is Nov 06, so you can file now, but by the time your spouse is in US, the dates may retrogress (for example, lets say for discussion sakes - Jan 06). In that case, if the dates eligible for filing are before Nov 06, your wife will need to wait till the date becomes Nov 06 again. Hope this clarifies some of your questions.

I am in the same situation and trying to figure out the best way possible. Please let me know if you or anyone finds anything relevant. Thanks guys, this is a very good forum!!
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Disclaimer: I am not a lawyer. The views and opinions expressed here are my own. Please consult an immigration attorney for expert professional advice.
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  #14 (permalink)  
Old 06-17-2007, 05:24 PM
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dyamannavar is on a distinguished road
Default Marriage certificate

I am in a similar situation but last year I got a marriage certificate from the Consulate in NY but I am not sure whether this will be enough. I am going to talk to my lawyer tomorrow.

Thanks,

Rajeev


Quote:
Originally Posted by whoever
i dont have a marriage certificate, can an affidavit from both parents be used instead of a marriage certificate?
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  #15 (permalink)  
Old 06-17-2007, 06:11 PM
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Quote:
Originally Posted by juhis
Here is one of my friend in the similar situation planning to do. He is filing 485 without any medical exam. Certainly, he is going to get query and after query you have 40 days (double check this number) to reply. So, he'll get some time to go and do wife hunting.
Medical exam is considered part of "intial evidence" for the I485. If your friend files without the medical report, his application will be rejected without an RFE.
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