Spouse not in US yet- How to proceed with I485?

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AgentM

Registered Users (C)
My wife is a french citizen by birth and she is in France. We recently got married, I haven't applied for her H4 visa.
Now the PD is current and she cannot come here so soon.

My company will only do Adjustment of Status.

What should we do?

Any help appreciated.

Thank you.
 
AgentM said:
My wife is a french citizen by birth and she is in France. We recently got married, I haven't applied for her H4 visa.
Now the PD is current and she cannot come here so soon. My company will only do Adjustment of Status. What should we do?
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File *your* I-485, but ensure that your H-1 status is maintained. When your wife is ready to come to the US, if your PD is still current she files her I-485.
 
She can come to the US without a H4 visa. Since she has a French passport and she can stay in the country for 3 months.

Can she still apply with me for adjustment of status?
 
AgentM said:
She can come to the US without a H4 visa. Since she has a French passport and she can stay in the country for 3 months. Can she still apply with me for adjustment of status?
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No. The only way you can adjust status after entering via the VWP is through marriage to a US citizen.
 
...in other words, AgentM, you should be aware of the regulation that anybody who comes into the US under the visa waiver program (a green I-94 card instead of white) is ineligible to file I-485. In your case, she should come with an H-4 visa stamp in her passport in order to be eligible.
 
jk0274 said:
you should be aware of the regulation that anybody who comes into the US under the visa waiver program is ineligible to file I-485.
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Again, that's not true. Spouses of US citizens can adjust status after entering via the VWP, but that doesn't cover AgentM's wife.

In your case, she should come with an H-4 visa stamp in her passport in order to be eligible.
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Absolutely. The other advantage is that with the H-4, she cannot be denied admission to the United States for immigrant intent.
 
"Again, that's not true. Spouses of US citizens can adjust status after entering via the VWP, but that doesn't cover AgentM's wife."

Not just spouses, but parents, widows, or unmarried children under 21 years old - I assumed you had already covered that above and was merely clarifying that that this is a general rule and he doesn't fall under the exception as a non-US citizen - my apologies for not being clear.
 
Thank you very much for all the replies.
One more question, my H1 visa is valid only till Sept 15 of this year (2007).
If my wife comes to the US on H4 visa and she goes back.
If she decides to come again after Spet 15th can she still come on VWP? I won't have my H1B approval notice after that.

Please let me know.

Thank you.
 
She can always come as a French citizen on VWP, but that will limit her I-485 options. Of course, after yesterday's announcement nobody can file I-485 until at least October 1 (and perhaps later than that). Can you extend your H-1B?
 
If my wife's I485 application doesn't make it in the current window, when can she apply for EAD or GC ? I know the PD has to be current is there another way?

I heard that she can also apply 180 days after I485 approval, whether the PD is current or not, is that true?
 
AgentM said:
I know the PD has to be current is there another way? I heard that she can also apply 180 days after I485 approval, whether the PD is current or not, is that true?
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No. If her PD is not current or she is not in the US, she cannot file an I-485. End of story.
 
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