Immigration Law

Immigration Law Questions? Ask an Immigration Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Immigration Law
This answer was rated:

Reg Marraige to Green Card applicant

Hi I am getting married...

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

Show More
Show Less
Ask Your Own Immigration Law Question
Answered in 2 hours by:
10/24/2013
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 109,973
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Verified
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.


Please let me know if you have additional questions and please do not forget to rate my service to you positively (not the state of the often unjust laws which I have no control over) as that is the only way that I can get credit for my assistance to you. Even after you rate the service, I can still answer additional questions for you without additional charge. If you feel I have earned one, bonuses are always appreciated. To request me in the future, make sure you type: FOR GUILLERMO on the subject line. Thank you!

Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 109,973
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Verified
Guillermo J. Senmartin, Esq. and 87 other Immigration Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years 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 :)

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.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 109,973
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Verified
Guillermo J. Senmartin, Esq. and 87 other Immigration Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years 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)


 

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.
Ask Your Own Immigration Law Question
Customer reply replied 3 years 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

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.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 109,973
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Verified
Guillermo J. Senmartin, Esq. and 87 other Immigration Law Specialists are ready to help you
Ask your own question now
Ask Guillermo J. Senmartin, Esq. Your Own Question
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 109,973
109,973 Satisfied Customers
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.

Guillermo J. Senmartin, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,969 satisfied customers

Private practice in several areas, including immigration

Wilton A. Person

Wilton A. Person

Immigration Lawyer

3,597 satisfied customers

Knowledgeable and experienced immigration lawyer.

Law Girl

Law Girl

Lawyer

451 satisfied customers

My law firm practices immigration law.

Gintare Grigaite

Gintare Grigaite

Immigration Attorney

186 satisfied customers

Expert Immigration Attorney

TheLeadCounsel

TheLeadCounsel

Immigration Attorney

17 satisfied customers

Immigration and Naturalization

Charlotte E. Viener, Esq.

Charlotte E. Viener, Esq.

Lawyer

12 satisfied customers

Over 10+ years handling all aspects of Immigration Law.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Immigration Lawyer

109,973 satisfied customers

10+ years of experience in various aspects of U.S. Immigration Law.

< Previous | Next >

Related Immigration Law Questions
I have been trying to fill out the ds-160 form for my
I have been trying to fill out the ds-160 form for my fiancee needs for her interview online and i can't seam to make the site work for me is there another way to do this … read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
I want to ask something about work visa in U.S. Sorry, what
Hi, this is Janesol. I want to ask something about work visa in U.S … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,342 satisfied customers
I have a couple questions regarding the DS-160 for someone
Hello. I have a couple questions regarding the DS-160 for someone trying to invite their friend to visit:1. Is this DS-160 Form supposed to be completed by BOTH the person who is inviting and the pers… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
Got a question regarding filling up my DS 160 form. Filling
Hi, Got a question regarding filling up my DS 160 form … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
109,973 satisfied customers
FOR GUILLERMO while filling DS-160 application for F2 i came
FOR GUILLERMOwhile filling DS-160 application for F2 i came across the Q .Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or other similar … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
109,973 satisfied customers
If im a derivative asylee and applied for green card but the
If im a derivative asylee and applied for green card but the princpal asyle havent applied for green card yet wil i get my green card … read more
Leena Kamat
Leena Kamat
Juris Doctor
94 satisfied customers
I have a friend who would like to apply for a Green Card. He
Hello. I have a friend who would like to apply for a Green Card. He is here in the US on a tourist Visa at this time. His son is a US Citizen.1. He is wondering which forms need to be filed for him? I… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
I wish to apply for tourist visa and in the DS-160 form I
Hi! I wish to apply for tourist visa and in the DS-160 form I got to 2 questions I do not know how to answer (what to do)? … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
109,973 satisfied customers
Judith, I am applying for visa interview date. My DS-160
For Judith -------------------------- Greetings Judith,I am applying for visa interview date. My DS-160 form is still incomplete because of some information which is not handy with me at present and i… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
My question is about the DS-160 application online. So my
Hi, my question is about the DS-160 application online. So my friend wanted me to help fill this out for him because he has poor English and he wants to have his child from another country apply to co… read more
Expert James
Expert James
Doctoral Degree
11,537 satisfied customers
My question is about the DS-160 application online. So my
Hi, my question is about the DS-160 application online. So my friend wanted me to help fill this out for him because he has poor English and he wants to have his child from another country apply to co… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
I am filling my DS 160 form for my H1B visa There is a
Hi I am filling my DS 160 form for my H1B visa There is a question on Has your visa ever been cancled or revoked my B1 old visa was canceld with out Prejudice as I had applied for a new one then and g… read more
KJL LAW
KJL LAW
Juris Doctorate
1,621 satisfied customers
I am trying to find out if the ds-160 form can be changed or
I am trying to find out if the ds-160 form can be changed or edited after it had been submitted to the consulate. I have two passports that are out for renewal, and I'm wondering if it would be ok to … read more
Expert James
Expert James
Doctoral Degree
11,537 satisfied customers
Quick question about the DS-160 form for a H4 Visa Interview
Quick question about the DS-160 form for a H4 Visa Interview for my fiancee - We'll be getting legally married on May 8th 2017, and want to have a Visa Interview scheduled for 9th or 10th May to avoid… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
FOR JUDITH (In referefence to DS 160 education question
FOR JUDITH(In referefence to DS 160 education question asked today)Hi judith what do you mean by accurate employment?All his past employers supervisors names, address and contact details were correct.… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
On the Security and Background form of the DS-160, their is
On the Security and Background form of the DS-160, their is a question that asks "Are you a member of or affiliated with the Communist or other totalitarian party?: Yes or No?" I believe she accidenta… read more
Expert James
Expert James
Doctoral Degree
11,537 satisfied customers
Guillermo, I had few questions on L1A-VISA and DS-160 for my
FOR Guillermo ---------------- Hi Guillermo,I had few questions on L1A-VISA and DS-160 for my case (you can refer my case from previous questions you had answered few months back if you remember). Bel… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
109,973 satisfied customers
DS 160. I WAS CONVICTED IN 2014 IN INDIA FOR DRINKING WITH
DS 160 . I WAS CONVICTED IN 2014 IN INDIA FOR DRINKING WITH TWO CHARGES OF PROHIBITION 66(1) (b) AND 85(1) (3) OF BOMBAY PROHIBITION ACT. I PLEADED GUILTY AND PAID FINE OF INR RS 150 WHAT SHOULD I WRI… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x