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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 96343
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Reg Marraige to Green Card applicant

Resolved Question:

Hi I am getting married in India on 17 Dec 2013, after which I will apply for H4 visa based on Husband H1B work visa. He is currently on H1B extension and has applied for GC, His priority date is 2008. Has not yet become current. If before marraige it becomes current. Then what will be the complications in applying for H4. If our marraige happens before he applies for I-485. Then after traveling to US on H4, what will be my status, As I will have to apply for I-130 and then apply for family based green card. Can you give me some more information regarding how we can avoid any complications in travelling and staying in US on legal status

Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello ahain. Since the H-1B is a dual intent visa, the H-4 is also a dual intent visa. This means that it is ok to have the intent to stay as well as the intent to leave the U.S. For you to be able to get H-4 status, your marriage needs to happen before the I-485 is approved. It is ok to marry before or after the I-485 is filed and still apply for the H-4. You just have to marry before the I-485 is approved. If you marry after the I-485 is approved, then he has to file an I-130 for you at that time and it will take a year or more before you can immigrate to the U.S. If you marry before the I-485 is approved, you can file an I-485 with him or after him and both can be approved to get Residency.


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Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 96343
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and 4 other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

So considering a situation where,

If I get married while my husband is on H1B status. I travel to USA on H4 and then my husbands priority date becomes current.

Can he file I-485 for both of us, or do I need to be on any other status then? Does he still need to submit I-130 for me before he can submit I-485?

His GC is in EB2 category

I may have few more questions as my understanding of the process improves :)

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
As long as his I-485 has not been approved yet, then you would file an I-485 based upon his I-140. No I-130 is needed for you. However, if you have not filed an I-485 and his I-485 is approved, then you would have to go through the other process which would be family-based and there you would need an I-130, etc. Thank you for the excellent rating. If you would like to request me in the future, please remember to put my name in the subject box. Good luck to you!
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 96343
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and 4 other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.


Hi


 


So it looks like because of the retrogression of priority dates from 2008 to 2004 for EB2 Category India, my fiance will not be able to file I-485 till next year. He is now applying for H1B extension , this extension is after completeing 6 years on H1B. So I will have to apply H4


 


If You can confirm the required documents for me , that will be great help:


 


Dependent Documents:


1. Passport (Copy)


2. Photographs


3. DS-160 ( Confirmation Page) CEAC Bar Code


4. Visa Fees


5. Origial Interview Appointment Letter + Copy


6. Marraige Certificate


7. Marraige Invitation ( What if I do not have it or a soft copy of email sent out , is that sufficient , as mine is a small court marraige)


8. Marraige Album


9. 1 year Bank statements


10. IT Returns ( I have them for past two years)


 


Primary Applicants Documents


1. Original I-129 + Copy ( Petition Receipt Number)


2. Copy of I-979 Approval


3. Employer Letter ( Describing relation with prinicipal applicant with purpose of travel)


4. Visa Photocopy


5. 36 Pages Passport copy


6. Experience Letter


7. Pay stubs ( How many? )


8. Federal Tax Returns All Years required? IRS Form 1040 + W2's?


9. 6 Months Bank statement


 


Let me know if I am missing out on any document or anything is not required from above list


 


This interview will be at India consulate (Mumbai)


 

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
I would also have with you a full copy of your spouse's H-1B file, just in case. I say spouse because you will need to be married to qualify for the H-4. You cannot get the H-4 as a fiancee.
Customer: replied 1 year ago.


Can you comment on the unknown


 


Mine:


 


7. Marraige Invitation ( What if I do not have it or a soft copy of email sent out , is that sufficient , as mine is a small court marraige)


10. IT Returns ( I have them for past two years)


 


Husbands:


7. Pay stubs ( How many? )


8. Federal Tax Returns All Years required? IRS Form 1040 + W2's?


 


Thanks

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Sure, no problem:

Mine:


 


7. Marraige Invitation ( What if I do not have it or a soft copy of email sent out , is that sufficient , as mine is a small court marraige)



That's ok, copies of the emails are ok.

10. IT Returns ( I have them for past two years)


 

Sure, that would be fine too.


Husbands:


7. Pay stubs ( How many? )



At least 3, but 6 would be better.


8. Federal Tax Returns All Years required? IRS Form 1040 + W2's?



I would say the last year or two. All of them should not be required.

Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 96343
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and 4 other Immigration Law Specialists are ready to help you

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Guillermo J. Senmartin, Esq.
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10+ years of experience in various aspects of U.S. Immigration Law.