Can I add my wife to my 485?

FKFish

New Member
hi,

I am on h1b EB3 and my 485 is pending since July 2007. I will get married soon and my wife is on H1. It seems I'd better to get married before my 485 approval in order to add her into my 485, right? (My PD is 2004 July which is not current. ) If this is true, since my PD is not current, can I file her 485 now, just add to my 485 or I have to wait until my PD becomes current again? If I have to wait till my PD gets current, is there any time limit for me to submit all her documents? What if my gc is approved but her documents were not sent out?

Many Thanks. :)
 
Since a derivative follows the PD of a primary, she cannot file I-485 till your PD becomes current.
If she was married to you upon your I-485 approval and didn't file her I-485 yet, she can do follow-to-join
 
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Since a derivative follows the PD of a primary, she cannot file I-485 till your PD becomes current.
If she was married to you upon your I-485 approval and didn't file her I-485 yet, she can do follow-to-join

Thanks for your reply. Does the follow-to-join have a time limitation? I heard some grace period about 60 days or 6 months thing, is there a such thing?
 
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