Can I submit my spouse' I-485 application?

Y

yorkhunter

Registered Users (C)
I submitted the I-485 applications (I and my ex-spouse) at the end of 2003. But In July'2004, my ex-spouse and I were separate. Soon we filed the divorce suit to the court. In April'2005, my ex-spouse' I-485 application was withdrawn by the INS. In July 2005, our divorce was approved by the judge. This month I got married again. I heared it is eligible to add my spouse into the I-485 case before my I-485 got approved. Could I submit my current spouse's I-485?

Thanks a lot for your reply in advance. It is urgent.

Best wishes
 
logicators said:
Yes you can, if you have a current PD
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To yorkhunter
this could be a very big IF - depending on your PD/EB category and Country of chargeability.
(also read up on cross chargeability if your new spouse is from a country not effected by retrogression)
 
Thanks a lot for reply.

Actually I know there is no I-485 PD or quote for my country now.

Could I try to apply for H1B again though I had started using EAD? What is the risk and variation? I am grateful for your reply.
 
I believe it also depends on whether your spouse is currently in US or not. If she is outside of US, I don't think you can attach her to your pending I-485. You can file FTJ after your PR approval. If inside of US, and visa number is available for her priority date(=your priority date), you can attach her to your pending I-485.
 
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