GC and spouse's GC

[viral_u]

Hi Friends,

Could you help me on following?


Can my prospective spouse come to US on visitor visa; we get married here and she returns to India, and later I add her to my papers; file for I-485 together whenever my priority date becomes current? In that case, is it necessary for her to be available in US at the time of filing our I-485 or she has to stay in US on any visa throughout the process?


After getting married here, can my prospective spouse go back to India and apply for H4 (while I am on H1 here)?

Any help is appreciated.

Thanks.

[immihelp]

If her intention of coming to the U.S. is to get married, tourist visa is not the right option. You should go there, get married and bring her on H4 visa.

She can apply for I-485 only if she is in the U.S. If she wants to travel outside, there are other requirements. Read https://www.immihelp.com/i-485-adjustment-of-status/

[awalia]

You can get married and file I 485 for yourself and add her to the application. When I485 gets approved, she will be considered as beneficiary (follow to join benefits)
You can marry here or in her home country. This does not matter.
She has to go back to her home country before I94 expiration and wait for ur approval. Then, the NVC, consulate processing is done and she will get Visa/packet in her home country to join u.