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#1
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Can I apply for spouses' EAD?
I have a question regarding the eligibility of my wife, for filing of I485 and EAD.
I have an approved I-140 (EB3), and filed for my I-485 in August 2007. When I had filed for my I-485, my marital status was "single". I got married late last year and my wife has since joined me on H4. I was under the impression that I cannot file for my wifes' I-485 (and subsequently her EAD) until my priority date becomes "Current". However, lately I am hearing from not-so-reliable sources that I can file for my wifes' I-485 now itself! It would obviously not be processed until my PD becomes current, but that would allow me to file for her EAD. Is that correct? Can I file her I-485 and subsequently her EAD, without having to wait for my PD to become current...knowing that her name was not on my original I-485 application filed last year? Would appreciate any help! Thanks. |
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#2
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No, you cannot file her I-485 until your priority date is current. The not-so-reliable source is just that: not so reliable.
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