I have an approved I-140, an approved EAD, and my I-485 is pending. If I marry someone from India, would she be eligible to apply for a green card as my spouse based on my pending I-485?

Answer:

As long as your marriage takes place prior to the approval of your I-485 application, your spouse should be eligible to obtain permanent residence as your derivative beneficiary. Keep in mind that, in order for your new bride to come to the United States in H-4 status, you would need to maintain valid H1B status while your I-485 is pending. If you are working on your EAD and are no longer in H1B status, your spouse may need to have her own independent nonimmigrant status in order to enter the U.S. If your spouse is unable to travel to the U.S., she would have to process her immigrant visa through consular processing. (03.Feb.2014)

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