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View Full Version : Can I enter on AP, and spouse on H4 ?


kakashi
01-25-2014, 12:11 AM
First, I'd like to sincerely wish everyone success in their processes. I wish we all can put the immigration process behind us and live happily.

Issue:
While my I-485 is pending and I'm still on H1B, I want to go home and get married, and bring spouse on H4

Current status:
AOS (I-485, I-131,I-765) filed Dec-01-2013
Received EAD/AP combo card. Finger printing done.
*I-485 pending*
H1B/I-94 till Sep-2015. *Expired* stamp from previous H1B

I now realize that if I get married after my I-485 approval, I'll have to wait through the F2A quota before spouse can come to US - which can be very lengthy (no movement last 4 months). Since I'm still H1-B status, so H4 route for spouse would be much faster.

Two complications:
I have AP combo card, but don't have a current H1B stamp (I-94/H1B approval is till Sep-2015)
I-485 might be adjudicated as soon as 1-2 months, and would lose H1B status then

I understand that ideal/simple case would be:
Fly home, get married
I apply for H1B stamp, spouse applies H4
Enter US on H1B/H4
File for spouse I-485 - and hope all this happens before my I-485 is adjudicated

I want to see if I can save time and avoid applying for H1B stamp (because H1B admin processing is unpredictable)

1.
Is the following possible?
I travel back soon, get married
Only spouse applies for H4 stamp - Is this even possible? Or would I need to apply for H1B stamp for myself, for spouse to get H4?
We fly back together
Spouse goes ahead in line and enters as H4. Then I enter on AP

2.
I believe if I enter on AP, my H1B would still remain intact, so spouse H4 should remain valid too.
Entering on AP causes secondary checking. But I'm guessing even if we are questioned, things should be okay. Is this correct? Or would there be any issues?

3.
Has anyone done that before? Can I try something else?

4.
Kindly provide feedback on these backup options:
If after marriage, my I-485 is approved before we can come back to US - I will return alone and use follow-to-join option (I-824).
Would that be the right thing to do?
Would it be faster than going through I-130/F2A

5.
If I apply for H1B stamp and spouse for H4, and if before the stamping, my I-485 is approved - there shouldn't be any issue when I return, right?

6.
What if spouse is able to enter on H4, but my I-485 get approved before we can file the 2nd I-485? Will spouse have to leave?

I would really appreciate your guidance and support. Thanks.


And my sincere best wishes to everyone!!

kakashi
01-26-2014, 03:39 PM
Any thoughts please?

Thanks

ashkam
01-27-2014, 09:06 AM
Not sure if you could game the system in this way. Whenever I've entered with my wife we've been processed together at the immigration counter.

kprgroup
01-27-2014, 09:34 AM
This is what you have to do.........As you said...

Fly home, get married
Apply for H1B stamp, spouse applies H4
Enter US on H1B/H4
File for spouse I-485 - When possible. Keep your HIB status as much possible

kakashi
01-27-2014, 10:44 AM
This is what you have to do.........As you said...

Fly home, get married
Apply for H1B stamp, spouse applies H4
Enter US on H1B/H4
File for spouse I-485 - When possible. Keep your HIB status as much possible

Other than getting stuck in admin processing for H1B, my main concern is during the time I'm waiting for H1B stamping, my I485 would be approved ....then H1B/H4 would be useless anyway

That's why I'm leaning towards AP/H4 option.

Could you help me understand the likely worst-case scenario with AP/H4? Meaning what's the worst that could happen if I try AP/H4? I'm hoping even if AP/H4 doesn't work out, I could still go with follow-to-join as fall back. Is this correct?

Any idea on follow-to-join time frame? It should be faster than I-130/F2A process, right?

Thanks again

kprgroup
01-27-2014, 01:40 PM
when you use AP ...Your status is AOS .thus your wife will not be eligible for H4 . For your situation going for H1B stamping is best option(Just my suggestion)

H1BGCWait
01-29-2014, 10:04 AM
If you are confident that you will get green card in 2 months, there is another way.

1. Go home and get married.
2. You can enter on AP
3. Your spouse will stay back and wait for your I485 approval
4. You can then file for your spouse as "Follow to join" or something like that. The key is you should get married and preferably register it before I485 approval.

Please check with your attorney. This should be possible.

mantagon
01-29-2014, 11:03 AM
when you use AP ...Your status is AOS .thus your wife will not be eligible for H4 . For your situation going for H1B stamping is best option(Just my suggestion)

...you can still retain your H1 status if you continue to work for the same company that sponsored your H1 even after you enter on AP, although your status is also AOS pending. We've done this 2 times and there is a law that allows for this.

Also, I believe your wife should be able to just use your H1 I-94 approval copy to apply and get her H4.

So, in essence I believe you can come on AP and retain your H1 and your wife can come on H4 (since you are retaining your H1).

Hope this helps!

kakashi
01-30-2014, 12:25 PM
Folks,

I've decided to be safe and just use the follow-to-join option :)

I want to thank everyone sincerely for all your help and thoughts.

Best wishes to all! I hope everyone gets their green card ASAP, resolves any other issues and leads a happy life!

sripk
02-04-2014, 12:17 AM
FYI, I entered on AP while wife used h4 with no issues.