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GC approval. Out of country for marriage
I'm currently working on H1B which is valid until Mar 2009. My H1 stamp in the passport has expired Mar 2008. My 140 is approved. I currently have a I485 pending whose priority date will be current in the month of August. I have not applied for Advance Parole.
I'm planning to go out of the country and get my H1 stamped get married and bring my spouse over H4 visa.
1. What happens if my GC is approved before my H1 Visa stamp? Will I be to re enter into US Or Is it considered abandonment? What would be my status?
2. How can I bring my spouse if I marry and my GC gets approved?
3. Is it possible to bring my wife if I’m married and my spouse has H4 stamp and my spouse is not in US before GC Approval?
4. Do I have to inform USCIS about my travel plan?
User's Location:
Washington, District of Columbia, United States of America
Category:
Employment-based Green Card
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| A. |
Please see my responses below:
1. What happens if my GC is approved before my H1 Visa stamp? Will I be to re enter into US Or Is it considered abandonment? What would be my status?
It is not considered abandonment, but it is a an awkward situation just with the way the law is written. Usually in this situation CBP will admit you under parole or deferred inspection to return to the U.S. This situation usually does not arise but if it does you will be allowed to return to the U.S.
2. How can I bring my spouse if I marry and my GC gets approved?
I believe she would need to apply through the U.S. Consulate in her area under accompanying/following to join provisions. I believe you would need to be married before your green card is approved as a spouse acquired before adjustment gets the principal's priority date as accompanying or following to join. See 22 CFR section 42.53(c)
It could take some time to proces through the consulate though so best to have her obtain her H-4, return to the US and file 485 paperwork for her.
3. Is it possible to bring my wife if I’m married and my spouse has H4 stamp and my spouse is not in US before GC Approval?
If your green card is approved you are no longer in H-1B status, which would in effect invalidate her H-4 status. She can process for her immigrant visa through the US consulate if you are married before your green card is approved, but it will still take months for that paperwork to be processed. If she is abroad when your green card is approved, she will most likely need to apply for immigrant visa through the consulate under accompanying/following to join provisions.
4. Do I have to inform USCIS about my travel plan?
You do not have to inform USCIS of your travel plans.
Logistically and practically speaking, the best case scenario is to marry, have your wife obtain H-4 and return before green card is approved. You can then file 485 paperwork for her and she can process everything from within the U.S.
Regards,
Andrew M. Wilson, Esq.
awilson@srwlawyers.com |
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Andrew M. Wilson
Immigration Lawyer
Serotte Reich Wilson, LLP
(716) 854-7525
www.srwlawyers.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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