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

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  #1 (permalink)  
Old 09-15-2015, 02:29 PM
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Default Delay filling due to marriage?

Hello,

Thanks to IV for great efforts on recent reforms.

My date is current based on acceptance date of 2011. I already have my I-140 approved and I am planning to get married next year. Can I still file right now and add my spouse later when I get married or should I delay my filling till I get married?


Please advise.
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  #2 (permalink)  
Old 09-15-2015, 02:43 PM
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Jan-11
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My opinion:

File now. Maintain H1. Bring your spouse on H4. When you get married, if the dates are not current for you, you will have maintain H1/H4. Then when they are current, your spouse files 485/EAD/AP as well.
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  #3 (permalink)  
Old 09-15-2015, 03:16 PM
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Thanks DMX. Can my spouse file later because I have heard that spouse needs to be added to my application before my EAD filing? Are you aware of any documentation that can clarify this?
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  #4 (permalink)  
Old 09-15-2015, 03:29 PM
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Priority Date
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Jun-06
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EB3
I140 Mailed Date
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07/01/2006
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India
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I-485
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06/30/2007
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These dates might go back if there will be more application filed so best way to apply 485 now. I don't think there is any rule which will not allow to file spouse if you gets your EAD.
I think once your GC approves & Spouse is not filed then there is difficulty getting spouse here until she gets GC.
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  #5 (permalink)  
Old 09-15-2015, 03:29 PM
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Quote:
Originally Posted by drevil08 View Post
Thanks DMX. Can my spouse file later because I have heard that spouse needs to be added to my application before my EAD filing? Are you aware of any documentation that can clarify this?
Dont have the documentation. Consult a lawyer.
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  #6 (permalink)  
Old 09-15-2015, 03:51 PM
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Quote:
Originally Posted by drevil08 View Post
Thanks DMX. Can my spouse file later because I have heard that spouse needs to be added to my application before my EAD filing? Are you aware of any documentation that can clarify this?
I'm in this scenario and my lawyer said I could add my wife later, i.e. even after filing for EAD.

The key here is that you maintain your H1/H4 status and that your GC is not approved before you get married or file for H4.
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  #7 (permalink)  
Old 09-15-2015, 05:12 PM
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Thanks guys. I interpret this as someone that has "acceptance" date current, they should file 485 and get EAD even if they are not married. If "approval" date becomes current before marriage, then first get married, add spouse and only then file for final step and get your GC approved together.
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  #8 (permalink)  
Old 09-15-2015, 09:07 PM
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Priority Date
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Feb-05
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EB3
I140 Mailed Date
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08/13/2007
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08/13/2007
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Bottom line is your I-485 should not be approved before your marriage. If I-485 is approved before your marriage, your spouse will be stuck in your country for years.
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  #9 (permalink)  
Old 09-16-2015, 12:07 AM
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thats the confusing part. It seems approval of I485 is not in my hands if I file right now for pre-adjudication. Any moment USCIS decides to allocate visa numbers, they can approve my application.
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  #10 (permalink)  
Old 09-16-2015, 04:14 AM
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Quote:
Originally Posted by gcharry View Post
Bottom line is your I-485 should not be approved before your marriage. If I-485 is approved before your marriage, your spouse will be stuck in your country for years.
That is very true. Can't argue with that.
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  #11 (permalink)  
Old 09-16-2015, 08:52 AM
Member
Priority Date
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Feb-05
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I140 Mailed Date
:
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What is in your hand is NOT filing I-485.
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