Spouse have to be in US?

G

Grandhipal

Registered Users (C)
Hi,
My friend is getting ready to apply for 485 (employment based) now that the dates are open. His wife is currently in India and he is having tough time with finding tickets to bring his family back in time.

Is it necessary for the spouse to be here in US to apply for I-485 (as a spouse beneficiary)? I just read from the FAQ below (question 13) that Medicals are needed but it is also OK to wait and send those back again later when USCIS issues RFE:
@http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf

If it is not for medicals what else is it that they need to be here for? He could mail the papers to India and obtain her signature. I am not sure how important is the I-94 card or the number in the application process...Can any experts please answer?

Thanks!
 
Last edited by a moderator:
Grandhipal said:
Hi,
My friend is getting ready to apply for 485 (employment based) now that the dates are open. His wife is currently in India and he is having tough time with finding tickets to bring his family back in time.

Is it necessary for the spouse to be here in US to apply for I-485 (as a spouse beneficiary)? I just read from the FAQ below (question 13) that Medicals are needed but it is also OK to wait and send those back again later when USCIS issues RFE:
@http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf

If it is not for medicals what else is it that they need to be here for?
----to file I-485 one needs to be in US
He could mail the papers to India and obtain her signature. I am not sure how important is the I-94 card or the number in the application process...Can any experts please answer?
---------------if she is in India she canot file I-485
Thanks!
Click to expand...

Your friends wife can only file an I-485 after she returns in US Before JULY PD is curent for July it is not current for August they have given the time to file I-485 till August to those who were eligible to file I-485 in July and one need to be in US in July to file I-485. if she cant come then she has to wait till your PD becomes agaion current (it seems it will take long time) and you need to be on H1 status and she needs to maintain H4 status to file I-485 when your PD again becomes current.
 
I was in USA until July 21, 07 and had to leave USA due to work in UK. Now I am planning to come back to US on August 10th to file along with my husband whose priority date is July 2004 (his I 140 is pending). We have finished medical on July 13. Am I eligible to apply for I -485?
 
sunland said:
I was in USA until July 21, 07 and had to leave USA due to work in UK. Now I am planning to come back to US on August 10th to file along with my husband whose priority date is July 2004 (his I 140 is pending). We have finished medical on July 13. Am I eligible to apply for I -485?
Click to expand...

you can file
 
Thanks Ginnu for your prompt reply ! I am on B1 visa and if I leave US after filing for I-485 would it be considered as abandonment of I-485?
 
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