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Adjustment of Status
Dependents
Dependent means spouse or unmarried children under 21.
There are many persons whose immigration petition is pending that are unmarried and would like to get married at some point and would like to get their spouse to US as soon as possible. However, it is very important to plan ahead and take appropriate steps in order to avoid any delays. Procedure described here is allowed only for immigrant categories that allow derivative status for spouses and children. e.g., employment based immigration. If you are beneficiary of family based immigration such as unmarried children of US etc, you can't get married to bring your spouse as described here. Marriage/Child birth after becoming permanent resident If you get married after you become permanent resident (your adjustment of status application approved), you can only bring your spouse based on Family Based Immigration category F2A which may take many years. Marriage/Child birth before becoming permanent resident If the spouse or child is in the United States on a valid visa, the individual derivatives may file their Form I-485 adjustment of status applications concurrently with the Form I-485 for the principal applicant or any time before I-485 is approved. Exception: If the spouse/kids are on a J-1/J-2 visa with a 2 years HRR (Home Residency Requirement), they may not adjust status to permanent residency unless they have either served the HRR or have obtained a waiver of the HRR. All single H1/L1 applicants who maintain their non-immigrant status by not using EAD or traveling on AP, can get married after filing adjustment of status application and bring his/her spouse on H4/L2 before the adjustment of status application is approved. Also see EAD/AP vs. H1 Even though Part 7 in form I-140 indicates to include the dependents, it is fine to get I-140 approved and then get married and then apply for adjustment of status. If the person is already in US on valid nonimmigrant visa, it is also possible to get married in US and file adjustment of status for spouse. If the spouse or child is residing abroad, the person adjusting status in the United States should file the Form I-824, Application for Action on an Approved Application or Petition, concurrently with the principal's adjustment of status application (or any time before principal applicant's I-485 is approved) to allow the derivatives to immigrate to the United States without delay if the principal's adjustment of status application is approved. The fee submitted with the Form I-824 will not be refunded if the principal's adjustment is not granted. Such dependent would go through Consular Processing. Filing The Application
Procedure for filing I-485 for the dependents is same as the
procedure for primary applicant, except
G-28.
Additionally, following documents are required:
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