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Marrying H1 while on 485 Pending

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  • Marrying H1 while on 485 Pending

    Hi,

    I have approved 140, AP, EAD. Used AP to enter USA. The only pending is 485 on EB3 category which I am sure will not get approved for another couple of years.

    Meanwhile I am planning to get married to a H1 who is in the 6th year of completion. Question is, what will be the process of adding her to my case so that she doesn't have to leave the country?

    Any inputs will be really appreciated.

    Thanks
    Gochin.

  • #2
    At this point it is too late to add her to anything, since your I140 (main document) has been already approved, your I485 just changes your status in the country, it would not do any good to add her to that. Moreover, once your I485 is approved you will be a GC holder and therefore visa number would not be readily available to your wife - which leads to the following - she would not be able to legally stay in the country until visa number becomes available unless she has other valid reason to stay in the country (i.e., green card of her own)

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