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Filing AOS as single but getting married to alien spouse in 3

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  • Filing AOS as single but getting married to alien spouse in 3

    Hi,
    Since we all know, the priority date is current and hence my company is
    ready to apply for my AOS. But, I am in a difficult situation. Here it is,

    I have got my Labor approved and my company has submitted the immigration petition I-140 two weeks ago ( haven't received the receipt yet). And now they are ready to submit my I-485 AOS application before august 17th. But I am getting married within 3 months so I am not sure if I should wait until after I get married and then apply for AOS ( I believe thats the safest thing to do ) or should I go ahead and apply now. If I apply now as single, and maintain my H1B status, I know my wife can enter US as H4. I also know that she will not be able to file for her AOS until the priority date becomes current, my question is : what if my AOS is approved and the priority date is still not current? she will lose her H4 status, does she have to leave the country? is there a way she can stay in US legally until her priority date becomes current.

    I read on your website that if the priority date retrogates after filing
    AOS, then my application would be archieved and not processed until my
    priority date becomes current again? if thats the case, my AOS cannot be approved if the priority date retogates and in that case I can file my
    wife's AOS? what are the chances that the priority date will retrogate? I
    want to know before I make a decision to file for AOS as single. or would
    it be better to wait until after my marriage.

    Will appreciate any help
    Immihelp Support
    No legal advice. Use at your own risk.

    Visa and Greencard Tracker

    Visitor Medical Insurance for your visiting relatives.

  • #2
    If priority date is no longer current, your AOS will not be processed.

    As long as you maintain H1, your wife can come here on H4 and file AOS.

    Only time problem arises is you are not married at the time your AOS is
    approved.
    Immihelp Support
    No legal advice. Use at your own risk.

    Visa and Greencard Tracker

    Visitor Medical Insurance for your visiting relatives.

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