m j
Feb 5, 2025
green card holder sponsoring 485 for visit visa applicant
I am an Indian citizen with a U.S. Green Card, and I plan to marry a woman who is currently on a B2 visa in the U.S. After 90 days of her entry into the U.S., we will apply for her I-485. She plans to arrive on March 1, 2025, and we might request an extension to allow her to stay in the U.S. for a year.
1. Is it possible for us to get married within a month of her arrival, say by April 1st?
2. I checked the Visa Bulletin and the F2A category for Indians is current as of July 15, 2024, which is about 8 months from now.
3. How long should we expect to wait for the I-485 interview after applying?
4. Once we apply for the I-485, can she remain in the U.S. for over a year without falling out of status?
5. If we don't get any updates on the I-485 within a year, does she need to leave the U.S. and re-enter? If so, will this cause the application to be denied due to her departure?
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Mo MeFeb 5, 2025
so it’s premeditated 👀
Gaurav KaulFeb 5, 2025
@m j My Lawfully Friend,
1. Getting Married within 90 days of Arrival Considered Immigration Intent which would have bad consequences.
2. She/You Can not file I-485 because she is getting Married to a Lawful Permanent Resident. Only Spouse of US Citizen Can file I-485.
3. You can start the Process with I-130
Jesus is KingFeb 5, 2025
the fact that you said a woman and not your fiance with b2 visa is a major red flag and I’m not even an officer.
god bless noFeb 6, 2025
if she is not your fiancé don’t do it ! this administration is not to play with do it right now
Mike RaphoneFeb 6, 2025
@Gaurav Kaul spouses of green card holders CAN file i485.
@m j this is a terrible idea and it will not work. F2A takes 3-5years, she will eventually be out of status if she comes here on a B2 and will not be eligible to adjust her status.
Kay ThompsonFeb 6, 2025
you can file your I-130 and if she maintained her status when the filing date become current she can filed I-485 if she isn’t able to maintain her status then it’s a no no
Gaurav KaulFeb 6, 2025
Yes I take it back, Spouse of green card holder can file I-485. Immigrant Visa has to be Current in order to do that and Beneficiary has to be in Status in order to do that.
Talk to an Immigration Lawyer before you do anything.
