Legal Question in Immigration Law in Illinois

Applying for EB1-OR and getting married soon

I am eligible for applying for EB1 and I will apply in June 2009. I am planning to get married in September 2009 in court in the US to someone who is a permanent resident of Canada and a citizen of India and lives in Canada (will come to US on visitor visa).

After marriage, she would like to go back to Canada to work till she gets added to my application. I will add her to my pending I-485, does she need to stay in the US during her pending I-485 application? Can I apply for advanced parole and EAD for her and wait till she gets it and then tell her to come back to US? What about fingerprinting, can she do it in Canada? What are my options (should I get married in court in Canada?) and what is the safest and best way to make sure I add her to my US green card application.


Asked on 5/16/09, 5:46 pm

1 Answer from Attorneys
Elaine Martin Law Office of Elaine Martin

Re: Applying for EB1-OR and getting married soon

The danger in getting married after you file the 485 is that there is a very slight risk that your 485 will be approved before the wedding. This is very unlikely, but remotely possible.

Assuming that your 485 is not approved before you get married, it is not a good idea for your wife to enter the US in visitor status, file the 485 and leave again. Firstly, she may not be admitted as a visitor if the immigration officer finds out she has a husband in the US. The officer might not believe that she really intends to be a short-term visitor.

Secondly, if she leaves the US with a 485 pending, before she gets Advance Parole (AP)approved, she will be deemed to have abandoned the 485. It can take a few months to get AP approved, and she would need to stay in the US after filing the 485 for that long.

She cannot do fingerprinting in Canada - this ust be done at a CIS Application Support Center in the US.

The best option is for her to move to the US after you get married, and then you both file the 485s. This is a conservative approach, but is the safest. I recommend discussing other options with an experienced immigration lawyer.

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Answered on 5/16/09, 10:19 pm


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