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Immigration Issues/Adding spouses application

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Question
Hi,

Can you please help me with this question?

I applied for my I-140 and AOS concurrently this year under EB2. I received my EAD Card and my I-140 status says received and pending. I also received my advance parol and had my finger prints taken today. My wedding is due in first week of June 2008.
Until when can I add my spouse to my Green Card process?
Can I opt not to avail my EAD and advance parol until a later point in time? I still have two years left to complete my first six years of H1.

Kindly advise.

Many thanks,
-Pradham

Answer
Hi,

You must be married before your I-485 is approved in order for your spouse to be able to file AOS based on your I-140/I-485 through EB2.

If you are married after your I-485 is approved, then you must sponsor her: http://h1b1.com/sponsor.htm which can be a very lengthy process. We cannot predict when your I-485 will be approved, so it is probably a good idea to get married earlier rather than later.

You are not required to avail of your EAD or advance parole if you are maintaining H-1B status.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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