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Self-filing, documents, forms, directions, mailing. Self-filing, documents, forms, directions, mailing.

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  #1 (permalink)  
Old 06-13-2007, 07:21 PM
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shishya is infamous around these parts shishya is infamous around these parts shishya is infamous around these parts shishya is infamous around these parts shishya is infamous around these parts
Default Should bachelors/spinsters apply 485 now or wait to jointly apply?

Now thats a relief for all of us!
I do have this question:
How long does it take if I get my GC now (as a bachelor) and then later on apply GC for my wife? I heard its around 4-5 years again?

So, would it be a better decision to wait and not apply for 485 (I have my 140 approved as of Dec 06) now until I get married to be able to apply it together with my wife?

Comments/opinions please!

Thanks!
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  #2 (permalink)  
Old 06-13-2007, 07:22 PM
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eb2waiter is on a distinguished road
Default better to save yourself

apply now...

I meant save from retrogression not marriage
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  #3 (permalink)  
Old 06-13-2007, 07:23 PM
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I am getting married in Jan 2008. can i go ahead and apply now? How to include the wife? will that be a problem.
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  #4 (permalink)  
Old 06-13-2007, 07:29 PM
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peer123 will become famous soon enough
Default

Quote:
Originally Posted by spdy_mn
I am getting married in Jan 2008. can i go ahead and apply now? How to include the wife? will that be a problem.
you mean your future wife... ....
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  #5 (permalink)  
Old 06-13-2007, 07:34 PM
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Quote:
Originally Posted by peer123
you mean your future wife... ....
Yes boss, but do you have any pointers to my question
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  #6 (permalink)  
Old 06-13-2007, 07:35 PM
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Default

you can add your spouses before an I-485 is approved. Once its approved, then you are in trouble. These dates are current only temporarily, and retrogression ("severe" as per the bulletin) is expected again soon. So go ahead and file your I-485 right now if your PD is 'late' (2006 or so) you will probably be on EAD/AP for a while.

if your PD is 2003/2004/2005, then as soon as 485 filing is done, start looking for your life partner
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  #7 (permalink)  
Old 06-13-2007, 07:39 PM
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dreamworld is a splendid one to behold dreamworld is a splendid one to behold dreamworld is a splendid one to behold dreamworld is a splendid one to behold dreamworld is a splendid one to behold dreamworld is a splendid one to behold dreamworld is a splendid one to behold
Default For unmarried: Retrogression for I-485 Applicants

if you are unmarried.. Please check with an attorney before filing i485:


http://www.murthy.com/news/n_benret.html

"Luxury of Additional Time to Find a Spouse
©MurthyDotCom
Third, if one is unmarried, the I-485 applicant is given the luxury of more time to choose a spouse. That spouse can enjoy dependent benefits and obtain permanent resident status based on being married prior to approval of the I-485. This is a huge benefit to those who were intending marriage, but need more time for one reason or another. There is an enormous benefit to marrying prior to the approval of the I-485, rather than after. If the marriage takes place after the I-485 is approved, the case becomes a family case and the spouse can be stuck abroad waiting for several years.

Note: A spouse is not entitled to obtain the "green card" automatically simply by getting married before the I-485 is approved. A spouse who gets married before the I-485 is approved is allowed to file and obtain the H4 visa from abroad and enter the U.S. on an H4 status as long as the principal maintains H1B status.
"

Last edited by dreamworld; 06-13-2007 at 07:41 PM.
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  #8 (permalink)  
Old 06-13-2007, 07:46 PM
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...
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Last edited by amsgc; 06-13-2007 at 08:43 PM.
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  #9 (permalink)  
Old 06-13-2007, 07:55 PM
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shishya is infamous around these parts shishya is infamous around these parts shishya is infamous around these parts shishya is infamous around these parts shishya is infamous around these parts
Default

Quote:
Originally Posted by gc_chahiye
you can add your spouses before an I-485 is approved. Once its approved, then you are in trouble. These dates are current only temporarily, and retrogression ("severe" as per the bulletin) is expected again soon. So go ahead and file your I-485 right now if your PD is 'late' (2006 or so) you will probably be on EAD/AP for a while.

if your PD is 2003/2004/2005, then as soon as 485 filing is done, start looking for your life partner
Jesus! That looks sooo risky. Yes indeed my PD is May 06. Now the question is what if (I know a big IF), but what if, I apply for my 485 (hoping that my 485 will be on EAD/AP for a long time) BUT my 485 gets approved rather quickly and I am not able to marry before that happens -- do I have *any* way to tackle that issue? Or would it then mean that my wife cannot come in US for n number of years after marriage?!

Jesus Christ! Does anything happen without a twist?!
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  #10 (permalink)  
Old 06-13-2007, 08:09 PM
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spdy_mn is a name known to all spdy_mn is a name known to all spdy_mn is a name known to all spdy_mn is a name known to all spdy_mn is a name known to all spdy_mn is a name known to all
Default

Quote:
Originally Posted by shishya
Jesus! That looks sooo risky. Yes indeed my PD is May 06. Now the question is what if (I know a big IF), but what if, I apply for my 485 (hoping that my 485 will be on EAD/AP for a long time) BUT my 485 gets approved rather quickly and I am not able to marry before that happens -- do I have *any* way to tackle that issue? Or would it then mean that my wife cannot come in US for n number of years after marriage?!

Jesus Christ! Does anything happen without a twist?!

Shishya, I am in the same exact boat as you are. No information in hand bro. Waiting for someone to shed light on this. Will talk to the attorney tomorrow morning.
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  #11 (permalink)  
Old 06-13-2007, 08:18 PM
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shishya is infamous around these parts shishya is infamous around these parts shishya is infamous around these parts shishya is infamous around these parts shishya is infamous around these parts
Default

Quote:
Originally Posted by spdy_mn
Shishya, I am in the same exact boat as you are. No information in hand bro. Waiting for someone to shed light on this. Will talk to the attorney tomorrow morning.
Dude, pls do reply in the thread here (or send PM) with *any* info you may get on this one. Will do the same. GL!
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  #12 (permalink)  
Old 06-13-2007, 08:25 PM
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deba is a jewel in the rough deba is a jewel in the rough deba is a jewel in the rough deba is a jewel in the rough
Default

Friends, I understand the concept of marrying before and after 485.
My question: Lets say I go ahead and apply for 485. However, my H1 has expired, so I will be traveling on AP. So when I travel outside the US, I am technically not on H1, when I come back...am I right? So, if my spouse wants to apply for H4 visa will she be granted one? Since I had traveled on AP? I am sorry if I confused this with EAD. Bottom line, my H1 stamp has expired and I do not intend to go for another stamping while outside.
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  #13 (permalink)  
Old 06-13-2007, 08:33 PM
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deba is a jewel in the rough deba is a jewel in the rough deba is a jewel in the rough deba is a jewel in the rough
Default

shishya and spdy_mn, the point here is when did you get married. As long as your marriage date is before the approval date you are fine. In fact, I remember reading in murthy's website that even if you find out that your 485 has been approved right after you got married (all petitions will have an approval date), you are still eligible to file for your spouse's 485. I think INS has a 180 day window to consider the spouse's application. I guess you have to prove that you got married before the approval date of your 485. Search the murthy website about this posting from her. Good luck.
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  #14 (permalink)  
Old 06-13-2007, 08:37 PM
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acecupid has a reputation beyond repute acecupid has a reputation beyond repute acecupid has a reputation beyond repute acecupid has a reputation beyond repute acecupid has a reputation beyond repute acecupid has a reputation beyond repute acecupid has a reputation beyond repute acecupid has a reputation beyond repute acecupid has a reputation beyond repute acecupid has a reputation beyond repute acecupid has a reputation beyond repute
Wink I'm in the same boat

Quote:
Originally Posted by shishya
Jesus! That looks sooo risky. Yes indeed my PD is May 06. Now the question is what if (I know a big IF), but what if, I apply for my 485 (hoping that my 485 will be on EAD/AP for a long time) BUT my 485 gets approved rather quickly and I am not able to marry before that happens -- do I have *any* way to tackle that issue? Or would it then mean that my wife cannot come in US for n number of years after marriage?!

Jesus Christ! Does anything happen without a twist?!
Lol... looks like then you have to marry an american gori/gora or ABCD. Hopefully you will find a partner in india and get married before 485 gets approved
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  #15 (permalink)  
Old 06-13-2007, 08:42 PM
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shishya is infamous around these parts shishya is infamous around these parts shishya is infamous around these parts shishya is infamous around these parts shishya is infamous around these parts
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Quote:
Originally Posted by acecupid
Lol... looks like then you have to marry an american gori/gora or ABCD. Hopefully you will find a partner in india and get married before 485 gets approved
Oh yeah .. but that is provided I can file my 485 by that time. Given my PD was just May 06, I had NO preparation for 485 filing, wonder how much time gathering up all the required docs takes for this filing
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