Getting married when AOS I-485 is pending (following to join and other options)

Printer-friendly versionPDF version
ANSWER: 

Watch Video: Getting married when AOS I-485 is pending (following to join and other options)

 

Video Transcript: As per the law if you have an employment based case pending and you are married on the date your green card is approved, she is entitled to come through you through the same priority date and through a much shorter process called following to join. 

What is following to join?

Lets say you are here and your spouse is in India you will file form I-824 and request the government to send her papers to the consulate and that can take time. But this is processing time. It can take 6-10 months. But eventually she gets processed through an interview in the consulate following to join.

In the above situation H-1/H-4 is the only option because unless she is in USA in legal status she can't file adjustment of status. When you are outside you can do only following to join.

Get your H-1 stamping done and also her H-4 done. Both of you travel to USA on H-1 and H-4. If your priority date is current when you land you can file for her I-485 otherwise she can stay on H-4 and you can stay on H-1.

 

 

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

Add new comment