Employment Based EB2 and marriage

Asked 12 months ago - San Diego, CA

I have approved I-140 in EB2 . Currently my priority date becomes current so my company filled I-485 2 months ago and currently i have marriage plans. Can i bring my spouse on H4 ? what are the possibilities?

Attorney answers (3)

  1. Jeff L. Khurgel


    Contributor Level 19


    Lawyers agree

    Answered . If you are in a valid H-1B status, your spouse (if/when you marry) is eligible for H-4 status (or a visa if abroad). As for the I-485, if you are seriously considering marriage, the sooner the better. Your spouse will only be able to adjust status with you if the marriage occurs prior to approval of your I-485. If you marry the day after the approval, you'll need to petition her in the F-2A classification and may be facing a several-year wait.

    Jeff Khurgel
    Khurgel Immigration Law Firm
    (949) 509-6515

    Kindly note that this posting is offered for informational purposes only. It does not constitute an attorney-... more
  2. Alexander Joseph Segal

    Contributor Level 20


    Lawyers agree

    Answered . There is nothing in your post that suggests she would be eligible for H4. You should talk to an immigration attorney and soon.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  3. John K Lassen

    Contributor Level 20


    Lawyers agree

    Answered . You'll need to petition her

    Best to discuss in detail with an immigration lawyer


    John Lassen 1-877-252-4630

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