Need clarification regarding I-485 stage with approval pending and imminent marriage?

Question

I recently filed for I-485 and am working using my second H-1B visa. I have not got the second H-1B visa stamping in my passport yet. I have got my EAD and AP. I can enter USA using my AP. But If I go out of USA to marry a girl, how to bring my wife to USA? Do I need my second H-1B stamping in my passport so that my wife can apply for H-4? or can I come back to USA after marriage and add her name in the I-485 stage and apply consular processing for her at her home country so that she can join me later?

Answer 1

If the H-1B visa in your passport is expired, obviously, you cannot use it to apply for admission as a H-1B. If your employer submitted another I-129b to extend your stay, you can use the approval notice to obtain a new H-1B visa while you're gone.

If you were married at the time you obtained the new H-1B, then your new bride could apply for an H-4 visa.

To get a visa appointment could be time consuming. If you cannot wait for the visa appointment, you can return to the U.S. using the I-512 parole form.

If you come back to the U.S. using the I-512 parole method, your wife cannot obtain a H-4 visa because you won't be an H-1B anymore.

Once you become a permanent resident, you can file Form I-130 to petition for your wife, and she may seek an immigrant visa in her home country in order to join you later.

Answer 2

AP doesn't invalidate your H-1B. But if you use EAD for your job, then your H-1B becomes invalid. In that case, your wife cannot file for H-4, since yourself is no longer H-1B.
While your AOS is pending, you can add your wife as your dependent when your PD becomes current but before the LPR approval. In that way you and your wife would be adjudicated together. You can also add your wife after you become LPR, but your wife has to wait about 3-5 yrs until her PD becomes current to file I-485 after you petition I-130 for her. Check out www.immigrationvoice.org. The site is for the skilled worker immigrants and you will find tons of helpful infos. Good luck!

Answer 3

That is a very technical question. I myself would have to research it. I suggest that you call USCIS and ask. Then get it in writing. I would not rely on advice in this forum for such an important question.

As a general rule, I advise I-485 applicants against leaving the country during processing unless it is an emergency and advance parole has been granted. Getting married in the middle of the process only adds complications.