I’m a Sri Lankan citizen and my Fiancé is a Sri Lankan citizen too. We both are on H1B. My employer started my green card processing in 2011 and my PERM & i-140 are approved. I’m waiting for my priority date to be current, which will be in Oct 1st. My Fiancé has been working on H1B and recently (on 3rd August) got laid off. However he found a new employer and they filed a new H1B for him on 20th August. So he has been out of status for 2 weeks. We are still waiting for his H1B to be approved (We will hear something about his H1 by the 11th September). If his H1B comes through, we are planning to get married and add him to my pending i-485.
I got to know recently that I can still add him as a derivative applicant to my pending i-485. I already spoke to my employer’s attorney and they are advising me to get married before the Oct1st and add him, based on that we decided to get married on the 17th September. If there will be any RFEs, we will have a hard time proving our marriage is bona-fide. We don’t live together as of now. He lives in San Francisco and I live in Chicago. Therefore the only proofs we will have are phone records pictures we took together. I can add him to my Life insurance as a beneficiary after getting married. We are already planning to open a joint account within next few weeks.
I need a second opinion to understand whether there’s a chance for his green card to be approved if I add him now? Incase if his green card is denied, will his H1B be still valid? If his green card is rejected as a dependent of me, will he have a hard time filing for the green card again in the future? Can there be any RFE’s about his 2 weeks out of status?