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Marrying someone with I-485 pending

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  • Marrying someone with I-485 pending

    Hi,
    My fiancee is currently on F-1 (graduate student), and has a stamp on
    her passport that is valid till 2009. I'm currently on H-1, and have my I-485
    pending (on EB-2 category, stuck due to retrogression). We are planning to
    get married in the USA (court wedding, our civil wedding will be held in India
    in the future). Once we do the court-wedding, she will continue to be on
    F-1, as she needs to work (as a TA). Once my I-485 becomes current, we
    plan to add her to my application, and then she will get an EAD (that will
    allow her to work/travel to India with advanced parole). We are also
    considering applying for green card in the EB-1 category (in parallel), and if I
    do that, I will be adding her to my application, and the situation is similar
    (she will have to get EAD).

    The question I have is regarding my fiancee's travel before she gets added
    to my I-485 application. If she travels to India after we do the court wedding,
    she will be re-entering on her F-1 visa (which is current and valid). Will it be
    a problem that she is married to someone with a GC application pending?
    It will not say anywhere on her visa or I-20 that she's married to me, but will
    the Immigration Officer have access to this information otherwise? If yes,
    will the officer question her (or deny re-entry) thinking that she is showing
    intent to immigrate when on an F-1 visa?

    TIA.

    Bala

  • #2
    The Immigration Officer also knows that retrogression is going to get much worse this summer (priority dates going backwards to 1999), so don't think the officer is going to bother about your fiancee's intent to immigrate.

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