Q: Bringing spouse to USA after marriage and adding to pending I-485 application
Hi. I am an Indian citizen. My current status is H-1B visa with updated visa stamp on passport until Aug 2026. My EB-2 priority date is Aug 2011 with I-140 approved. My I-485 application was filed earlier this month and is in pending status. I'm planning to visit India in December 2023 to get married to an Indian citizen woman who has never been to the United States. What are my options of bringing my then bride to USA after marriage? Once she is able to arrive in the USA would I be able to add her as a dependent to my AOS I-485 application? Thank you.
A: After getting married she can apply for an H4 visa and fly to the US. Once in the US, she can apply for derivative adjustment of status. I suggest you work with an immigration attorney.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
Congratulations on your upcoming wedding!
After you marry in India, you can petition for your wife by filing an I-130, Petition for Alien Relative. Once the I-130 is approved and if your priority date becomes current, she may then apply for an immigrant visa at a U.S. consulate in India.
Given your EB-2 priority date, it's essential to monitor the visa bulletin to determine when her category becomes current. After her arrival in the U.S., you can file an application to adjust her status to permanent resident. Regarding adding her to your pending I-485, you cannot add her directly to your existing application. Instead, she'll need her own I-485 based on your I-140 once she's in the U.S. and the priority date is current. As always, it's advisable to work closely with an immigration attorney to navigate these steps.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
