Can i add spouse name later while applying for 485

[Win_OR_WIN]

Hi,
i have my labor approved and 140 is pending. i am single and planning to marry in December. Since the dates are current can i apply 485 and add my souse name latter? i heard that i can add spouse name before finger printing. is this true? please need suggestion on applying 485.

Also might run in the situation where I may get the EAD later on because I am current but my spouse will not get it ( if they move back the date).So in this scenario if I use my EAD then I go out of H1 then what would be the status of my wife as she does not have EAD and as she would be on H4 visa.

Thanks in Advance.

 

[TheRealCanadian]

Since the dates are current can i apply 485 and add my souse name latter?

You don't "add your spouse". She files her own I-485.

i heard that i can add spouse name before finger printing. is this true? please need suggestion on applying 485.

If you get married before your I-485 is approved, then your spouse can file an I-485 at any time, provided she meets the other requirements of lawful inspection, valid non-immigrant status, current priority date, etc.

So in this scenario if I use my EAD then I go out of H1 then what would be the status of my wife as she does not have EAD and as she would be on H4 visa.

She'd be out status unless she has a pending I-485.

 

[Win_OR_WIN]

Do not apply for EAD

Thanks man for your instant reply.
I just talk to my lawyer and she says that just simply do not apply for EAD for now as I have to maintain my H1 status .It makes me think then what is the use of even applying for now then as because really I am not getting the EAD and we know for sure that they ar egoing to retroget the data.

 

[TheRealCanadian]

It makes me think then what is the use of even applying for now then as because really I am not getting the EAD and we know for sure that they ar egoing to retroget the data.

Uh, AC21? If you want to wait you're certainly welcome to, but there are sound reasons for getting the I-485 into the queue even if the dates retrogress in the future.

 

[satgym73]

just apply for your I-485 and also maintain H1B status in order to get H4 visa for your wife. This is the best solution for your query.

 

[Sun07]

I beleive your lawyer is wrong. Just by virtue of applying for EAD does not make your H1B invalid. I would strongly suggest, file your I-485, get EAD and AP and do not use it and continue to maintain your H1B status.

Get married and if the dates are current, file her AOS or if not get her as your H4 and wait for dates to become current so you can file her AOS. This also then gives you flexibility to move around (considering AC21 requirements are satisfied)

That I would call Win-Win