When should I file for my wife’s I-485?
I got an RFE in September (on NYSDOT 3rd prong) to which I submitted a response two weeks before the deadline in December. I just got an e-mail from USCIS that my I-140 (NIW) has been approved!
Thank you very much for your help on this — you’ve got another candidate to add to your list of self-petition success stories. Now for two important questions:
1. I was planning on getting married in June 2014, but now reconsidering getting a registered marriage done before I file my I-485… Is this the right way to go so I can co-file I-485 for my spouse? I heard that dependents (after my I-485 is approved) can take a long time (>5 years) to get approved.
2. Since I filed my self-petition as single, will a recent marriage certificate (after the date of my I-140 approval) and now filing my I-485 as married affect my green card approval in anyway?
I would greatly appreciate your speedy response on this since I’m currently outside of the US with my fiancee and am planning on returning on the 20th of Jan to complete my PhD by the 1st of May – this is when my current F1 student visa status expires.
Thank you very much,
Congratulations on your success!!
You are correct. It is easier to apply for spouse green card at the same time as yours. However, it is also possible to add later and the process involves processing form i-824. The later process is complicated. You can read about it online for example on this link.
If you choose to do first approach you would have no problem because her name was not mentioned on i-140.
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