While your partner is outside the US, you can file I485 on your own, but be sure to include your partner's name in the document. Before you do that, your partner can apply for a visitor visa, enter the country, and then file Form I-485 after 90 days.

which country are you from? I would advice against NVC. i have a friend whose priority date is Jan 2023 and haven’t gotten appointment yet at the embassy via NVC.

Maybe you can take the risk by going to your home country while on H1b, marry, apply for visa stamp and add your husband as a dependent when applying for the h1b stamp in your home country and then when you come to the US, apply for AOS.

or you marry virtually, apply for h4 for your husband and then AOS when he joins you. remember, when you apply for AOS, you can’t leave the country unless you have an advanced parole or AOS approved

@Bia Bee if your Dec 2023, you will probably do AOS by Dec 2025 or March 2026. Get married, have him come here under H4 then file AOS and H4 EAD, so that he can work once that is approved. I don't think Dec 2023 adjustments of status will be this year.

@k m you’re right estimating AOS approx timing. I feel once I am out, I’d need stamping and I don’t know if I will get this stamp on time. H1B mostly undergo AP as my first time one went into AP for 3 months. i feel once i leave, i might need to obtain eb2 based visa.

@Johnson Control thanks. but not all countries fortunate to get visit visa for usa that easy.

@sly pee thanks. i agree, i m afraid of leaving usa but usa doesn’t consider virtal marriages, one must consumate to prove that marriage. i am at a tough spot at the moment.

@sly pee i sm from pakistan.

do k1 visa be will be here in weeks

if your fiancé come with a visit visa to US , then you get married here , then can you apply for AOS together after 90 days???? if anyone knows this, please share your thoughts