Need Advice on Withdrawing I-485 to Refile Later with Spouse

[meomatic11 0]

Hi everyone,

I’m on H-1B and currently have an I-485 (Adjustment of Status) pending based on an approved I-140. I’ll be getting married by the end of the year, and my spouse is outside the U.S. Unfortunately, consular processing in my home country takes over 3 years, which is far too long for us to wait to be together.

I’m considering withdrawing my I-485 so my spouse can join me on an H-4 visa, and then we can refile our I-485 applications together while we’re both in the U.S. Has anyone gone through a similar process? How did the withdrawal and refiling go for you?

Any advice or suggestions would be greatly appreciated!

Thanks!

[OldUser 6,608]

I'd consult with lawyers your employer provided. To me this seems risky. Whenever you deviate from golden path, you're risking confusing USCIS. Sometimes, it's hard to get their attention if you want to do something atypical.

 

I may be missing something (not an expert in this area), but why do you need to withdraw I-485 if she wants to join you on H-4?

Edited September 11 by OldUser

[meomatic11 0]

8 hours ago, OldUser said:

I'd consult with lawyers your employer provided. To me this seems risky. Whenever you deviate from golden path, you're risking confusing USCIS. Sometimes, it's hard to get their attention if you want to do something atypical.

 

I may be missing something (not an expert in this area), but why do you need to withdraw I-485 if she wants to join you on H-4?

 

Yes, I would like her to join on H4, then we can file for i-485 together when she's already in the US. The other option is to wait out i-485, and go through consular processing for her F2A visa, which currently takes at least 3 years in my country.

[OldUser 6,608]

1 hour ago, meomatic11 said:

 

Yes, I would like her to join on H4, then we can file for i-485 together when she's already in the US. The other option is to wait out i-485, and go through consular processing for her F2A visa, which currently takes at least 3 years in my country.

Why can't she get H-4 while you're waiting for your adjustment in the US, then come and also adjust? As I said, I'm not super familiar with the process, but from what I understand, dependants can always get visa after H1B visa holder.

Edited September 11 by OldUser

[meomatic11 0]

1 minute ago, OldUser said:

Why can't she get H-4 while you're waiting for your adjustmemt in the US, then come and also adjust?

I checked my USCIS case status yesterday, and it looks like my I-485 processing time is down to about 2 months (I applied in June 2024).
 

We’re planning to get married by the end of the year, and I originally thought the I-485 process would take up to 2 years based on USCIS’s advertised processing times, which fit our timeline. However, it turns out I'll be getting approval much sooner than expected.

[OldUser 6,608]

6 minutes ago, meomatic11 said:

I checked my USCIS case status yesterday, and it looks like my I-485 processing time is down to about 2 months (I applied in June 2024).

This status is known to be largely inaccurate. It can say 2 months and in reality take another 6-8-10.

 

I was under impression you were already married. If you're only about to get married in few months, that's definitely a complicating factor.

 

Good luck!

[meomatic11 0]

4 minutes ago, OldUser said:

This status is known to be largely inaccurate. It can say 2 months and in reality take another 6-8-10.

 

I was under impression you were already married. If you're only about to get married in few months, that's definitely a complicating factor.

 

Good luck!

Thank you!

[Crazy Cat 41,811]

27 minutes ago, meomatic11 said:

We’re planning to get married by the end of the year

Why not marry now?

[meomatic11 0]

11 minutes ago, Crazy Cat said:

Why not marry now?

Hi! I would have, but there are other factors preventing us from doing so earlier. We're already scheduled to get married this December.

[appleblossom 2,445]

1 hour ago, meomatic11 said:

Hi! I would have, but there are other factors preventing us from doing so earlier. We're already scheduled to get married this December.

 

When is she actually hoping to move to the US? 

[meomatic11 0]

Just now, appleblossom said:

 

When is she actually hoping to move to the US? 

Hi! As soon as we get married. We hope to have her here by February 2025.

[appleblossom 2,445]

2 minutes ago, meomatic11 said:

Hi! As soon as we get married. We hope to have her here by February 2025.

 

OK. If you do actually get your green card in 2 months (as above, that estimate is notoriously unreliable, but you never know) then your timescales will need adjusting. If you are on a green card rather than H1B, then you'll have to petition her for an immigrant visa (via consular processing), and that will take many years. 

 

So you either need to marry asap, and apply for her H4 as a matter of urgency, or rethink her moving next year as it will take much longer before she can move to join you without a visa allowing her to do so. 

 

Good luck. 

[Ontarkie 14,216]

I doubt it would be approved that fast. But stranger things have happened. Could the aos be delayed at all?

 

I would worry because this is work sponsor AOS that they could refuse later down the road to sponsor you again. The costs have gone up and they may feel you blew their money away once already. Nothing is guaranteed.