Adding spouse name

caldude368

Registered Users (C)
When can we add Spouse Name,can it be supplemented after
140/485 Concurrent Filing.I know before 485 gets approved we should
do that.
Is it necessary that Spouse should come to USA or can she stay
in India for supplementing the Spouse name in 140/485?
If she comes just for 140/485 Supplementing can she go back and stay
in India for 1-2 years.I have valid H1 till Nov 2005 and in case I get married her H4 would be valid till 2005 Nov.
Let me know your thoughts!!!
 
You can add your spouse when you file 485, for 140 you can file alone(doesnt need to get married to file 140).

If your wife needs to be filed for 485, she should be in USA. After filing she can go back to India and stay as long as she wants, but for Finger Printing again she needs to come to US to complete it.

Suggestion: You can marry her and bring her to US and file for 485 and AP and then she can go back to India. If she receives finger printing notice, she can as well as come here and do it and go back.

She has to get her AP approved before she leaves to India incase if she plans to come without H4 visa everytime. If she has H4 visa stamped, she can stay in India as long as its valid and come back and forth on Multiple Entry.

Otherwise go for Consular Processing, so that you file I140 and no need 485 and can attend the interview in India itself.

Hope this helps.

Want GC Soon :)
 
caldude,

You can also go ahead and file ur I-485 (while unmarried) and later (before I-485 is approved) amend (include) it with your spouse's name. That way you have the advantage of long wait time for 485.

Cheers
 
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