Adding Spouse to GC processing with 485 pending

S

snvemuri

Registered Users (C)
Here is my case

i have applied for 485 July 2005 in EB3 category (INDIA - PD 2001) and got married later. Due to retrogression, now i cann't add my wife in my 485 processing.

I read some where in this forum that in case if one's 485 gets approved before adding his wife to 485 processing and she resides in USA during the approval time will still have some time to apply for 485 based on the spouse's 485.
I wonder if so is there any time buffer in which it has to be applied ?


Does the same scenario holds true in case if the spouse is on H-1 visa instead of dependent visa (H-4) ?
 
As per section 245(k), out of status period less than 6 months is fine. So if your I-485 gets approved, then it means you are past the retro, and so would be your wife. So you can file her I-485 soon after your approval. She can be on H1B or H4 it does not matter.
 
Hi Raj1994,
Thanks for the information,
some follow-up questions on this matter,

In this scenario what will be the status of spouse (with H4) after approval of one's 485 ?
In that case does she/he has to leave US and follow FTJ process or can stay here and apply for 485.


Same question for spouse on H1, adding the spouse can be initiated and done here in US or she has to go to the home country ?

If on H1 does the marriage certificate from India is sufficient to show the proof of marriage or have to provide any other documentation ?
 
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