485 and change of marital status at the last hour

I

imkiran.timsina

New Member
My 485 processing is waiting for latest I 693 medical document. In the meantime I traveled outside US, got married and traveled back with my wife. I used H1B and my wife H4. Now, I want to enqueue my wife for the Green Card process. What is the fastest way for both of us?
Should I ask my office to include my wife in my current queue?
Or just wait until I get my Green Card and then later file it separately?
 
Once your I-485 gets approved, your wife automatically falls out of status as you will no longer be in H1B of which she’s a derivative of. If she’s out of status, she’ll not be eligible to file AOS. Your wife should have stayed back in India and process FTJ like you were advised back in February on your previous thread!
 
Sm1smom said:
Once your I-485 gets approved, your wife automatically falls out of status as you will no longer be in H1B of which she’s a derivative of. If she’s out of status, she’ll not be eligible to file AOS. Your wife should have stayed back in India and process FTJ like you were advised back in February on your previous thread!
Click to expand...
Assuming it's an employment-based category, she can AOS as long as she has not been out of status or working illegally for 180 days since the most recent admission. So if she enters on H4 before his I-485 is approved, she can still do AOS even if it takes her a little time to file. The issue is only if his I-485 is approved before she enters; then she can't enter on H4 anymore, and in that case she would have to do Consular Processing from abroad.
 
You must log in or register to reply here.
Top