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Spouse H4/I-485... quick yet important questions

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  • Spouse H4/I-485... quick yet important questions

    Dear Helpful bunch:

    My I-140 and I-485 is pending and will be approved soon as my PD is current. I am getting married in Dec to my girlfriend who is in Thailand studying and has only 1 year remaining.

    1) Can she come to the US with me on H4 apply for I-485 then go back to Thailand to finish her studies while her I-485 is processing?

    2) If she doesn't come and lets say my I-485 is approved and my H1B is valid till June 2010. Can I bring her under H4 in a year... I know then she can't apply for I-485 cuz mine is approved.

    Any suggestion for this situation is highly appreciated.

    Thank you.

  • #2
    1. No. She can only leave after AP gets approved, that too only for temporary visit. If GC is going to be approved soon, she might have to stay here till it gets approved.
    2. Once your GC is approved, there is no question of H4 for her. It will be a long wait.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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