View Full Version : EB1 - I140 cleared... Should I wait to file I485?

03-02-2012, 05:07 PM
Hi -

I am on L1A and I got my 140 approval on EB1 during December 2011. I am planning to get married in June 2012 but wife will not be travelling with me atleast for 6 months... so should I wait to apply for I485 after my wedding... (In June/ July) or should I file my 485 right now (Mar) and file for my wife seperately (after june?)

Will there be any trouble in I485 if I wait for too long after I140 approval?

Appreciate your time!


03-02-2012, 09:21 PM
The problem is that if you file now and your I-485 is approved before you get married, then you are royally screwed as your wife will not be able to join you for a long time. However, if yo file now and it is not approved by the time you get married your wife will be able to join you sooner.

Also since you stated your wife will not be joining you until six months after the wedding, then the better option is to wait until you get married before submitting you I-485. Thereafter you will have the option of filing a follow-to-join petition or if your wife is able to enter through another non-immigrant visa, then you will be able to submit a I-485 for her too.

So, the options are there and you need to think it through. You may also want to talk to an immigration attorney for better advice based on your situation.

03-06-2012, 12:09 PM
definetly.. wait till you get married..

Then while applying 485 for your wife there are two options..AOS & CP

AOS: If possible... bring her to US may be for a month or so on h1/L1.. File AOS..Once she gets her 485 receipt/EAD/AP she can leave...

CP: you can apply for her even though she is in india.. Once her immigrant visa is available she has to attend interview at consulate.. I don't much abt those timelines..

03-06-2012, 12:11 PM
sorry bring her on h4/L2