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Applying for 485 and getting married in Aug, but confused about fiance's 485 addition

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  • Applying for 485 and getting married in Aug, but confused about fiance's 485 addition

    Hi all,
    I am confused and need some help. I am getting married in Aug. Due to the current dates scenario, I am applying for my I-485 in july and will be travelling to India immediately. My fiance is here already working and he applied for labor but not yet approved. I want to add him to my AOS process. My question is should the priority date be current even while adding the spouse for my AOS in Sep or later?

    I called my attorney several times but have no reply. Please let me know, i am very very confused and tensed. Any help would be greatly appreciated.

    Thanks.

  • #2
    Response to your questions

    You can travel to india and enter US if you have a valid visa with you. If you get married after your filed your I485 but before it was approved, the priority dates needs to be current for you to add him as your dependent and file I485

    Anyways, your I485 will be approved only if the priority date is current so if you are sure you will get married very soon after you file your I485 you can add him to the process prior to the approval. But, your application might be approved prior to his. Hope this helps. All the best

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    • #3
      if the fiance is here have a civil ceremony here and file for I-485 then have traditional wedding in home country. Solves all problems.

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      • #4
        Thanks BJ and waiting too long, that really answers my questions...

        but i have one more question, if i get married here on july 3rd and we will have a keepsake certificate on the same day of cermony, can i apply using that for my spouse as the original marraige certificate might take like 4-6weeks?

        I have my tickets booked for July15th to India and in case if i apply my application before that, can my spouse apply for his when i am not in the country???

        Any suggestions would be greatly appreciated.

        Thanks in advance!

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        • #5
          yes to both qs

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          • #6
            Hi, I got a similar kind of question

            I am married and staying in US with my spouse and kids. My family is on vacation to India. Since the EB cat****y become current, i want to apply my I 485 immediately. Do I need to call my family back immediately or can i add them as dependents later though dates become unavailble.


            Please advise

            Thanks

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            • #7
              dependents pd is based on primary's PD. And they can apply if their PD is current.

              If you want tp apply for then by Aug 17th they need to be here and have their medical and other documents ready

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              • #8
                Thank you

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