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I-140 approved in EB1 but confused to proceed with I-485 application

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  • I-140 approved in EB1 but confused to proceed with I-485 application

    Hello,

    I hope somebody could provide some valuable suggestions on this issue.

    Like my title suggests, I have a approved I-140 via EB1(outstanding researcher category). I was approved about 10 months ago. I'm currently in the 7th year of my H1B.
    The problem is this - I'm in the process of searching for a girl to get married. Haven't found the right one yet but you know this can happen sooner that you expect or sometimes it can take a while. There is also a very high possibility that the girl will be from India living in India.

    I was told that if I have my Green Card in hand it will take more than 3 years to sponsor my wife and bring her here.(due to lagged application process). So I have been delaying my 485 application for so long. At the same time I dont want to prolong it so long that it will affect my professional life.(no flexibility in switching jobs, what if USCIS brings in some new crazy rule that will affect my I-140 etc)

    So my question is, if I go ahead and apply for I-485 (and lets assume I get my GC), is there any other way that I can bring my wife(when married) to US while the green card sponsorship is going on parallely? That is, If I have my Green card tomorrow and if I get married day after I dont want to be in a stage where I cannot bring my wife for 3+ years into this country.

    Please advice...

    Thanks much!

  • #2
    well unfortunately you are in a situation that several have been in....and i agree with not wanting to delay things on the professional front. And yes, you never know, even though 485 is generally a very smooth process; there might just be some hiccup around the corner that we dont know about.

    if you do get married and the girl is from India; then the wait definitely is close to 3 years to get her here. the only option of avoiding that is to get her here on a student visa first and then apply for green card later...or if she gets her own job here and comes on a H1/L1...

    the choices are restricted but marriage might happen tomorrow or it might take several years...whether you wish to wait and delay events in your professional life is totally your call

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    • #3
      Thanks rvisak.

      That is what I heard from several other sources. So the choice in my hands I guess, whether to give preference to my professional front or my personal life.

      After so much thinking, I think I'm going to hold on to my 485 application and just extend my H1B for one more year and see if things fall into place. Hopefully something positive turns out soon. I know this is risky but at the same time some decision has to be taken..

      Thanks again.

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