If I am currently in the US on an EB-3 green card pending a priority date and my fiance is in Canada on student visa, what is the best thing to do legally and cost wise?

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If I am currently in the US on an EB-3 green card pending a priority date and my fiance is in Canada on student visa, what is the best thing to do legally and cost wise?

Asked on March 16, 2013 under Immigration Law, Georgia

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you are awaiting the priority date, does that mean you have not yet filed for the I-485 or you have filed it long ago and the priority date has retrogressed and you are waiting?  If you have not yet filed for I-485, you probably have a valid underlying nonimmigrant status, such as H-1B.  If that is the case, you can place a spouse on a dependent status, such as H-4 once you are lawfully married.  So, if your fiancee and you get married, she can then apply for a H-4 (if you are in H-1B) dependent visa and enter the US to be with you while you await the priority date for the I-485, at which time she will be able to file her I-485 as well, as your spouse.


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