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.
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.
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