Filing AOS for Indian spouse along with principal applicant

[klusener]

(Posting on behalf of a friend)

I'm on H1 in the US, my employer has filed for my green card in EB2 category, and with the recent forward movement in priority dates, I expect my date to get current over the next few months.

I'm going to get married soon, and would like to time things correctly so that I can have my soon-to-be husband's AOS filed along with mine. He is currently working in India. The following ways come to mind:

A. Get married in India and bring him over to the US on an H4 visa, and file AOS together when my PD becomes current.
B. Have him come to the US on an F1 visa, get married in the US, and file AOS together.
C. Have him come to the US on a B1 visa, get married in the US, and file AOS together.

Are all of the above options perfectly legal? I'm sure that option A is, but am not sure about filing AOS for someone on a non-immigrant visa such as F1 or B1.

Are there other alternatives? I noticed on https://www.immihelp.com/i-485-adjus...or-dependents/ that if the spouse is residing abroad, it's possible to file Form I-824 along with my AOS, and he'll get his EAD/AP/GC along with mine, and then he can come to the US. Is this a reasonably well-tested route? I'd like to consider this option as well, if it doesn't come with a lot of ifs-and-buts attached to it.

Thanks for your time!

[barbarajlw]

(Posting on behalf of a friend)

I'm on H1 in the US, my employer has filed for my green card in EB2 category, and with the recent forward movement in priority dates, I expect my date to get current over the next few months.

I'm going to get married soon, and would like to time things correctly so that I can have my soon-to-be husband's AOS filed along with mine. He is currently working in India. The following ways come to mind:

A. Get married in India and bring him over to the US on an H4 visa, and file AOS together when my PD becomes current.
B. Have him come to the US on an F1 visa, get married in the US, and file AOS together.
C. Have him come to the US on a B1 visa, get married in the US, and file AOS together.

Are all of the above options perfectly legal? I'm sure that option A is, but am not sure about filing AOS for someone on a non-immigrant visa such as F1 or B1.

Are there other alternatives? I noticed on https://www.immihelp.com/i-485-adjus...or-dependents/ that if the spouse is residing abroad, it's possible to file Form I-824 along with my AOS, and he'll get his EAD/AP/GC along with mine, and then he can come to the US. Is this a reasonably well-tested route? I'd like to consider this option as well, if it doesn't come with a lot of ifs-and-buts attached to it.

Thanks for your time!

Ok I am not really up on these type of visas but you need some advice and need to do a lot of reading.
A- he gets and H4 visa but can only study not work till you AOS
All these that you mentioned you would need to be ,married and yes you have mentioned that you are doing that in India.
As for the B2 NOOOOOO you can't bring him on a B2 with the intent of marrying and file AOS as that is immigration fraud. B2 is purely non immigrant and for tourist and work B1/B2.
Personally I don't know why you just don't go to India get married and then file CR1 spousal visa for him. You would come back to the states while he keeps working in India and then when approved he has interview in India and if approved comes to USA with GC status immediately and can work upon arrival. No AOS and waiting for work authority.

[klusener]

Thanks for the quick response, Barbara! Appreciate it!

So B1/B2 is off the table Thank you, I did NOT know that!

I'll do some more reading and research, but regarding the CR1 visa, I thought only US citizens can file that. I'll be a permanent resident, and not a citizen, when my AOS is approved. So it sounds like this isn't a valid option for me.

[barbarajlw]

Thanks for the quick response, Barbara! Appreciate it!

So B1/B2 is off the table Thank you, I did NOT know that!

I'll do some more reading and research, but regarding the CR1 visa, I thought only US citizens can file that. I'll be a permanent resident, and not a citizen, when my AOS is approved. So it sounds like this isn't a valid option for me.

A permanent resident can petition for a spouse only just not family members as such but spouse yes.