Filing of 485 for spouse ,time is ticking ,Please help

[Faith2005]

I am filing a 485 application for my spouse who is in USA on H4 (valid till 2010).I got the 485 approval before a month thr employment based category En3 . Please advise ....Thanks for your help in advance.

1)Do I have to file form 134 or form 864 as affidavit of support..

2)If form 864,While sigining form 864, do I have to notarised the signature?

3)Approval of my 485, means she is out of status on H4 since month..Her H1 thr lottery is pending with USCIS ....Does this give her a legitimity to stay in USA till H1B is adjudicated? '

4)On 485 ,should I meantion her current immigration status as H4 with a validity of 2010 or as pending H1?

5) Can I file my spouse 485 by myself?

[visaapplicant]

If you got your 485 approval a month ago, I am not sure you can file I485 for your wife right away. As a GC holder, you can file I130 for her which will determine priority date. You can file I485 when priority date is current per visa bulletin. Rightnow priority of 2001 or 2002 are current (depending on country of origin) for your category.

Just filing I130 will not give your wife a legal status, she would have to maintain a legal status separately. Only filing I485 gives applicant legal status of "AOS pending". If you could have included your wife as derivative beneficiary before your I485 was approved, she would have had her conditional or permanent GC alongwith you. Please consult a lawyer.

[LucyMO]

he probably means following to join....

[LucyMO]

something tells me that your wife is out of status since H4 is H1's dependent, and you are not H1 holder anymore and haven't been one for a month. Unless she has filed I-539 (or change of status to H1) before your I-485 was approved.