Adding spouse to I-485 . . . .

G

gnkishore

Registered Users (C)
Hi Gurus,
I have a small question for you. Can I add my spouse to my I-485 processing on my own with out the help of my current company lawyer. My company lawyer is taking too much time to send my wife's i-485 papers (more than 3 months). So I am thinking of doing it on my own or hire another lawyer to do it. Can this be done. Pls let me know if any of you had similar experiences.
Thanks
Kishore.
 
Technically, you dont "add your spouse" to your 485-application. Actually, she files an independent I-485 with all the supporting documents (like photographs, biography page, medicals etc.). Only difference is that her eligibility for filing the 485 is not based on employment (so an I-140 or an employment letter are not required) but as a derivative to your primary application. There is a relevant option to tick in the 485 form for that. You need to attach a copy of your marriage certificate (a copy of your I-485 receipts notice would also help). Download the 485 form from BCIS website and read all the instructions and follow them carefully. It is not too complicated to do on your own.

K.S.
 
Yes you can include your wife with no help from your company lawyer.

You need to attach your I485 receipt notice and all the necessary documents for your wife with the letter signed by you to include your wife with your pending application.

optional Documents

EAD (I765) form ( optional )
I131 form ( optional )



It is better for you to check BCIS site and read I485 general instruction.

Regards,
 
an additional question to applicant applying for spouse

Hi I was planning to apply for I485 for my spouse without using my lawyer's help. My question being do I still have to apply for an affidavite of support inspite of my spouse being on work visa over here, H1B?
 
I added my wife into my pending I485 case in no time without getting any help from my lawyer.

Here is what you have to do.

As long as you have a valid marriage certificate I don't think you need affidavit of support or any thing except attaching a letter that request BCIS to include your wife in your pending case.

Documents you need

All forms that are needed to apply for AOS and exact fee for each application including $50 for FP (finger print).

For this you need to check on BCIS website.

EAD (optional) I765
AP (optional ) I131

You have to attach your copy of I485 receipt and all the requested documents for your wife (check Bcis General instruction for I485)


Optional but It is for your advantage to include those.
Employment Letter (from your company)
W2 Form (at least for the passed year)

Those documents are helpful but not mandatory. I know a guy who adds his wife into his pending case and luckily they approved his application including his wife. He attached all the documents that BCIS might request during the approval process. His ND was March/2002 and he added his wife some time in May 2003.

This only my opinion based on what I know. It is not the only direction you should take but you can take this comment to give you some Idea how I and others done it. The best thing to do is to refer the BCIS cite and follow the general direction for I485.




Good Luck
 
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