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All other Green Card Issues I-140/I-485, Family Based Green Card

View Poll Results: Pls Help:Considering my particular situation, Should I apply for I-485 or not?
Apply for I-485 30 76.92%
DON'T Apply for I-485 (wait till my PD is current again) 7 17.95%
You have no idea of what I am talking about. 2 5.13%
Voters: 39. You may not vote on this poll

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  #1 (permalink)  
Old 07-18-2007, 10:39 AM
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gc101 is on a distinguished road
Default I-485 + Fiancee (very soon to be a wife)

Hi,

Here is my situation. I can apply for I-485 since my labor(PD - Mar 05) has cleared and I-140 has been filed.

But, I have a fiancee and we are getting married in September 2007. She is on H1-B but currently traveling in India.

We cannot get married before September 2007, so, as far as I understand, I cannot add her into my AOS filing right now. And, as far as I understand they are gonna retrogress the dates to oblivion after August 17, 2007.

1. So, my question is, would she have to wait until my priority date become current again before she can add herself into my AOS application?

2. Let's say the answer for question 1 is YES. What happens if due to whatever reason, my I-140 gets approved BEFORE my priority date becomes current, so, in that scenario I wouldn't have been able to apply for her AOS anyway? Then, what are our options?

3. Let's say the answer for question 1 is NO. Then, is there a special processing I need to do to add her since my priority dates will not be current anytime soon because of the retrogression?

Please remember, she DOES carry H1-B on her own.

Thank you,
gc101.
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  #2 (permalink)  
Old 07-18-2007, 10:42 AM
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Priority Date
:
May-06
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I140 Mailed Date
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10/11/2006
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eager_immi is on a distinguished road
Default

Ask her to come back immediately to the US and go to the local court and get married. It is a simple solution.
Quote:
Originally Posted by gc101
Hi,

Here is my situation. I can apply for I-485 since my labor(PD - Mar 05) has cleared and I-140 has been filed.

But, I have a fiancee and we are getting married in September 2007. She is on H1-B but currently traveling in India.

We cannot get married before September 2007, so, as far as I understand, I cannot add her into my AOS filing right now. And, as far as I understand they are gonna retrogress the dates to oblivion after August 17, 2007.

1. So, my question is, would she have to wait until my priority date become current again before she can add herself into my AOS application?

2. Let's say the answer for question 1 is YES. What happens if due to whatever reason, my I-140 gets approved BEFORE my priority date becomes current, so, in that scenario I wouldn't have been able to apply for her AOS anyway? Then, what are our options?

3. Let's say the answer for question 1 is NO. Then, is there a special processing I need to do to add her since my priority dates will not be current anytime soon because of the retrogression?

Please remember, she DOES carry H1-B on her own.

Thank you,
gc101.
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  #3 (permalink)  
Old 07-18-2007, 10:50 AM
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gc101 is on a distinguished road
Default

Quote:
Originally Posted by eager_immi
Ask her to come back immediately to the US and go to the local court and get married. It is a simple solution.
Hi eager_immi, thank you for your reply. See here is the situation, let's say for very personal reasons, we cannot get married before Sept 2007, then, what are my options?

Thank you,
gc101.

Last edited by gc101; 07-18-2007 at 10:53 AM.
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  #4 (permalink)  
Old 07-18-2007, 10:53 AM
Member
Priority Date
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Aug-05
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08/15/2005
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India
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karsat is on a distinguished road
Default

If you can't get married at least on paper, then there is no other option.
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  #5 (permalink)  
Old 07-18-2007, 10:53 AM
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01/01/1900
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yabadaba is a glorious beacon of light yabadaba is a glorious beacon of light yabadaba is a glorious beacon of light yabadaba is a glorious beacon of light yabadaba is a glorious beacon of light yabadaba is a glorious beacon of light
Default

then u have no options... either file ur 485 or dont...if u file then wait till ur priority date gets current and file ur wife's at that time
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  #6 (permalink)  
Old 07-18-2007, 10:57 AM
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May-06
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eager_immi is on a distinguished road
Default

You have 2 choices:

1. If your PD is before 2003 they it may become current in Oct and you can file for her, but if not then it is highly unlikely the dates will move in the next several years. If you both are not born in India/China ur chances are better.

2. She continues on her H1 and wait till your priority dates become current which can take upto 7 years.

This is a very bad situation i would highly recommend that you move heaven and earth together to get married and file this month. Pardon me for saying so but ur stars are alligned till Aug 16th only. Good Luck!

Quote:
Originally Posted by gc101
Hi eager_immi, thank you for your reply. See here is the situation, let's say for very personal reasons, we cannot get married, then, what are my options?

Thank you,
gc101.
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  #7 (permalink)  
Old 07-18-2007, 11:07 AM
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Feb-06
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DDash is a jewel in the rough DDash is a jewel in the rough DDash is a jewel in the rough
Default You are in a better situation that most of us

Quote:
Originally Posted by gc101
Hi,

Here is my situation. I can apply for I-485 since my labor(PD - Mar 05) has cleared and I-140 has been filed.

But, I have a fiancee and we are getting married in September 2007. She is on H1-B but currently traveling in India.

We cannot get married before September 2007, so, as far as I understand, I cannot add her into my AOS filing right now. And, as far as I understand they are gonna retrogress the dates to oblivion after August 17, 2007.

1. So, my question is, would she have to wait until my priority date become current again before she can add herself into my AOS application?

2. Let's say the answer for question 1 is YES. What happens if due to whatever reason, my I-140 gets approved BEFORE my priority date becomes current, so, in that scenario I wouldn't have been able to apply for her AOS anyway? Then, what are our options?

3. Let's say the answer for question 1 is NO. Then, is there a special processing I need to do to add her since my priority dates will not be current anytime soon because of the retrogression?

Please remember, she DOES carry H1-B on her own.

Thank you,
gc101.

Ask her to come back to USA, get married in USA. You have plenty of time to make this happen. Personal reasons aside, you are in a way better situation that most others (including myself). Good luck!
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  #8 (permalink)  
Old 07-18-2007, 11:14 AM
Senior Member
Priority Date
:
Aug-05
Category
:
EB2
I140 Mailed Date
:
08/28/2005
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:
India
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Posts: 146
raj3078 is a jewel in the rough raj3078 is a jewel in the rough raj3078 is a jewel in the rough
Default

Quote:
Originally Posted by gc101
Hi eager_immi, thank you for your reply. See here is the situation, let's say for very personal reasons, we cannot get married before Sept 2007, then, what are my options?

Thank you,
gc101.
As I understand it correctly, you have a very personal reason for not getting married before Sept 07. I have to say that in that case, go ahead and at least file for your green card, that way you create one more option of applying through family based, even if it means 6-7 years of waiting period. Ideally you would like her to come to states at least for 2-3 business days to get court marriage and filing of docs, but if thats not the case then this is your best option.
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  #9 (permalink)  
Old 07-18-2007, 11:47 AM
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swaroopmukka is on a distinguished road
Default Same situation but not H1b

Hello,

I have a similar situation, but different factors. My labor has been approved May 2007 and I can apply for my 140 and 485 together and I'll do it now well before Aug 16. I'm getting married and my wife would be here by September or October. She'll be on H4. I won't be applying for my EAD if she decides to be on H4. If the dates go back to say 2005, I will need to wait for my priority date of May 2007 to come CURRENT again and then only do her AOS (I'm assuming until then even my 485 won't be touched by USCIS). Once my date becomes current and my application starts processing, I'll add her immediately.

Now the only thing I'd be missing in such a case would be applying for my EAD anytime soon. If she decides to apply for H1B next year or even go on
F1, then I can apply my EAD and start using it. I'll be on my EAD and she'll be on H1/F1. When my priority date becomes current (in a few years assuming), then I can add her AOS.

Please suggest what should I do now ??

Thanks
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  #10 (permalink)  
Old 07-18-2007, 01:32 PM
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gc101 is on a distinguished road
Default

Quote:
Originally Posted by raj3078
Ideally you would like her to come to states at least for 2-3 business days to get court marriage and filing of docs, but if thats not the case then this is your best option.
Raj3078/anybody,

Let's say, I am not able to do that. But, do you suspect that they might APPROVE my 485 BEFORE my PD gets current? If they don't then, I am in no trouble, isn't that right? If they don't approve, then, I can add her into AOS when my PD gets current again assuming I don't file for EAD (I won't - I like my employer for now).

gc101.
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  #11 (permalink)  
Old 07-18-2007, 01:59 PM
Senior Member
Priority Date
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Aug-05
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:
08/28/2005
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raj3078 is a jewel in the rough raj3078 is a jewel in the rough raj3078 is a jewel in the rough
Default

Quote:
Originally Posted by gc101
Raj3078/anybody,

Let's say, I am not able to do that. But, do you suspect that they might APPROVE my 485 BEFORE my PD gets current? If they don't then, I am in no trouble, isn't that right? If they don't approve, then, I can add her into AOS when my PD gets current again assuming I don't file for EAD (I won't - I like my employer for now).

gc101.
My company lawyer addressed this part. The way it works is that they will work on your file only when your PD is current. So even if you apply now, they most likely wont work on it after July as your PD wont be current. Then when next time (say in Jan 2008) when your PD becomes current, they will pick up all the files for that month and start working on it. It might be that they will work on your file on Jan1st or Jan 31st. You can send your wife AOS the moment your PD becomes current. So you want to make sure that it reaches there before they approve your AOS. In case you are extremely unlucky, then they would start working on your file on 1st day of the month and finish it before end of that day, making it impossible for your wife's application to go through. Thats rare though. So if you can make sure that her app reaches on 1st day of the month in which PD is current, then they should most likely add her to your AOS and work on those together and make your life go forward....its a chance which you will be taking...But again life is a chance
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  #12 (permalink)  
Old 07-18-2007, 02:12 PM
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:
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eager_immi is on a distinguished road
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What is your PD and EB category. This discussion won't go anywhere without that information.
Quote:
Originally Posted by gc101
Raj3078/anybody,

Let's say, I am not able to do that. But, do you suspect that they might APPROVE my 485 BEFORE my PD gets current? If they don't then, I am in no trouble, isn't that right? If they don't approve, then, I can add her into AOS when my PD gets current again assuming I don't file for EAD (I won't - I like my employer for now).

gc101.
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  #13 (permalink)  
Old 07-18-2007, 03:36 PM
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gc101 is on a distinguished road
Default

Quote:
Originally Posted by eager_immi
What is your PD and EB category. This discussion won't go anywhere without that information.
PD is Mar 2005
EB is EB3.
I-140 applied in Mar 13, 2007 (not approved yet).


Appreciate your help
gc101.

Last edited by gc101; 07-18-2007 at 04:44 PM.
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  #14 (permalink)  
Old 07-18-2007, 04:47 PM
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rbutler is on a distinguished road
Default In dilemma... to apply or Not to

I am in a similar situation getting married in Sep07 and returning with my wife at end of Sep'07. It is little scary, as some say it might be risky not to apply along with the spouse.

Should I go ahead and apply for I485, EAD and AP all three at the same time now, or to apply just for I485?

I am not sure what advantage would be applying now, as I have to wait until the dates become current again, and I will not be able to use my EAD to maintain my wife's H-4 status.

PD: Sep2006
I-140: Approved 06/2007

Thanks
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  #15 (permalink)  
Old 07-18-2007, 04:50 PM
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Priority Date
:
May-06
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:
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:
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eager_immi is on a distinguished road
Default

Send her application in the day ur PD becomes current (it may take many years unless congress passes some law) it is highly unlikely that they will approve ur application in one day.
Quote:
Originally Posted by gc101
PD is Mar 2005
EB is EB3.
I-140 applied in Mar 13, 2007 (not approved yet).


Appreciate your help
gc101.
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