Advance parole question

[affandar]

Hi All,

Can I apply for I-140 / I-485 separately from my wife and receive the advanced travel parole and then have my wife apply for her I-140/I-485 after that?

My lawyer first said that I could do that and then after my labor cert got approved she said I can't do that otherwise my wife's application will not get interfiled with mine and she's going to have to apply for an immigrant visa on her own.

I would appreciate any help ..

Thanks

 

[pralay]

Both you have I-140? If both of you are primary applicants, you and your wife can file separately. If you are primary and your wife is derivative, then she can file with you or anytime before your I-485 approval.

 

[fast_gc_seeker]

affandar, ofcourse u can file for ur wife anytime before or after ur 485 approval if u r working for same sponsoring employer. i'm not sure what
happens if u r no longer working for ur 140/485 sponsoring employer.


If I was you I would apply for my 140/485 wife's ASAP as it really dosent
harm[if u r not paying for 140/485]. her application is dependent on u
but not ur employer.

 

[ethereal]

If you are primary and your wife is derivative, then she can file with you or anytime before your I-485 approval.

Is it absolutely imperative that the derivative spouse has to file AOS either with the primary applicant or before the primary applicant's I-485 approval ? Can the derivative:

A) Not apply for a AOS after the primary's approval if the derivative is already in the US on another valid visa ?
B) Not apply for FTJ after the primary's approval if the derivative is outside US ?

I am getting contradictory information from different posts. In fact, there is a murthy.com article about the same:

http://www.murthy.com/news/UDmar485.html

which specifically says that

To summarize the INS position, as long as the principal applicant gets married prior to the INS' approving the I-485 application, there should be no problem for the dependent/s to either file the Adjustment of Status, if in the U.S., or to "follow to join," based upon a consular interview abroad. Therefore, the principal can file the Adjustment of Status application prior to marriage, but the marriage needs to take place before INS makes its decision on the I-485 application

 

[pralay]

Is it absolutely imperative that the derivative spouse has to file AOS either with the primary applicant or before the primary applicant's I-485 approval ? Can the derivative:

A) Not apply for a AOS after the primary's approval if the derivative is already in the US on another valid visa ?

Well, if derivative is in visa that is not dependent on primary's visa status, then there is no issue. Problem araises derivative's visa status is dependent on primary - for example, L2 or H4. Once primary's I-485 is approved, H4/L2 looses its status automatically. What happens after that, I don't think there are straight forward answer - basically you need to shell out some $$$ for attorney. I guess 245(k) applies for this kind of situation. But I am not clear about it.

I don't think that was the point of discussion here - because the person who posted and his spouse both are in USA (and it seems both have I-140).

 

[rpranesh]

I would suggest that one of you apply for I140/I485 concurrently and the other apply the I140 and CP. Whichever comes first both of you will get LPR.