Marrying.. Pending I485

[user8888118 0]

Hi readers,

I would appreciate your feedback. Just got married overseas to a non US citizen. My I485 is still pending. Does this need to be notified to the USCIS for any reason? Just wanted to make sure if the fact of my martial status change would take an effect on the I485 or any other future paperwork towards the GC and it NEEDED to he notified to someone. I sure hope not as the whole process is already a headache.

[Harpa Timsah 13,258]

Under what category do you have pending I-485?

[sweet cakes 326]

Hi readers,

I would appreciate your feedback. Just got married overseas to a non US citizen. My I485 is still pending. Does this need to be notified to the USCIS for any reason? Just wanted to make sure if the fact of my martial status change would take an effect on the I485 or any other future paperwork towards the GC and it NEEDED to he notified to someone. I sure hope not as the whole process is already a headache.

Hi there. Can you give more information? Are you currently in US or still in your home country waiting for your visa? What is the basis of your adjustment of status? Family or employment-based?

[user8888118 0]

I am a dependant on an EB3. In the US currently.

[user8888118 0]

One of my parents is the primary applicant. I was under 21 when the process started. I understand that I can keep this status and keep renewing my EAD until the GC decision even after 21. However, by getting married do I loose this status? Thanks for your replies.

[Fan_Dancer 171]

Are you sure you can apply without having a green card?

[Pitaya 2,577]

~Moved from Family-based AOS to WST-based AOS Forum~

~Attempting AOS from work visa~

(organizer hat off)

Welcome to the forum.

Still trying to get it straight and sort through your immigration status. You were a non-USC dependent on one of your non-USC parents' EB3 visa, and you just got married to a non-USC. Is that correct?

I am not certain if you now, as a result of your recent marriage, have any basis for trying to adjust status?

Edited June 16, 2014 by A&B

[Harpa Timsah 13,258]

OP is a dependent and derivative of a GC application based on his parent's EB3 status.

However, a dependent is, according to immigration law, unmarried. I believe that by getting married the OP has forfeited his GC application.

It's time to speak to a qualified attorney.

[user8888118 0]

You have it correct. Some good news is that I had an error in my typing - using a phone. Should have proof read better... I meant to say " just getting married overseas.." the process is not complete yet and I guess just as well. Thanks all for your replies. I really appreciate it. I will wait until the GC decision before carrying on. Hopefull it will come soon.

[user8888118 0]

For peace of mind, am I right in thinking that once I have received the decision whether it be approved or denied, that I can freely get married without worry or consequences?

[aaron2020 11,651]

For peace of mind, am I right in thinking that once I have received the decision whether it be approved or denied, that I can freely get married without worry or consequences?

Once you go back to activate your green card, you can return to get marry.

Marry before activating your LPR status, then you disqualify yourself.

And failing to report your marriage to get the green card is fraud.

[Harpa Timsah 13,258]

He doesn't need to go back to activate anything. Once his I-485 is approved then he will be a LPR and get the GC in the mail. It's adjustment of status, not a visa.

[aaron2020 11,651]

He doesn't need to go back to activate anything. Once his I-485 is approved then he will be a LPR and get the GC in the mail. It's adjustment of status, not a visa.

Now, that would depend on whether he left with AP or not.

You do realize that people who leave without AP and get green cards while outside the US under an AOS disqualify themselves right?

Not all green cards issued after a person leaves the US while seeking to adjust is automatically valid.

[Harpa Timsah 13,258]

Now, that would depend on whether he left with AP or not.

You do realize that people who leave without AP and get green cards while outside the US under an AOS disqualify themselves right?

Not all green cards issued after a person leaves the US while seeking to adjust is automatically valid.

What? People who leave without AP have their pending I-485 automatically cancelled and never get a GC. If a person leaves without AP they cannot get GC approved (unless the few dual-intent visas). A person never gets a Greencard outside the US. Not possible.

OP is not on a dual intent visa so if he leaves without AP it is game over.

You give good advice generally but I think you are confused about AOS.

Edited June 17, 2014 by Harpa Timsah

[user8888118 0]

So there is no issue after the GC then right? It's just the AOS stopping me right now. Being a LPR I do not have anything to report as far as immigration is concerned?

I am checking because its hard to believe there is something so simple regarding immigration lol no lengthy, time consuming procedure needed!! It's really true?? I can just... Get married hassle free?