Including my Wife on my GC application based employment?
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Including my Wife on my GC application based employment?
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I need your help guys.
Here is some info about me before I start.
PERM Approval Date: March 6th 09, EB2 – ROW, and LC Application date: July 14th 08
My I-485 processing center will be Texas
Here is the situation:
I am planning to travel to my home country in June 09 to get married, and I will be back in the states the beginning of August.
I am eligible to file for I-140 and I-485 concurrently, but I am afraid if I apply now, my I-485 application will be approved before I am back with my wife [I am making this assumptions because a lot of cases were approved in less than 6 months time frame]. If that happened then I can’t add my future wife to my GC application.
At the same time, I need to apply so I get my travel doc, because I don’t want to revalidate my H1-B when I go home, because last time I was home I got stuck for administrative processing, and I am afraid if I go revalidate this time my h1-b, I will get stuck again.
I want to apply for I-485 so I can get my travel doc, but I want to find a way to delay my application so it doesn’t get approved before I come back to the states, and add my wife to my application
Please tell me what should I do?
Additional Details
But i need the biometrics fingerprints for my Travel document. if i delay fingerprints, i wont get my travel doc
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growing inside
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To delay i-485 approval, when you get your biometrics/interview appointment, say you can't make it and ask for it to be rescheduled to a later dare. That should delay things a couple of months. |
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verne k
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If you file before marriage, it is very questionable as to whether your
wife would be eligible for derivative status, in which case you would have to petition for her and it would take several years before a visa
would be available. If you delay filing , travel to marry and renew
your H-1 visa, you wife would be eligible for a H-4 visa to accompany
you. If you go with a travel document after having submitted the I-485,
there is no visa for which you wife would be eligible to receive to
return with you. A visitors visa is invalid for that purpose.
According to the I-485 instructions, if you have a derivative
relative such as a spouse that is residing abroad you should
submit Application fo Action on the Approved Application or
Petition (Form I-824) concurrently with your I485 so that when it is
approved notice can be sent to the US consulate abroad where your
wife would apply for her visa without undue delay. The complicating factor is that you are not married.
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Additional Details
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