Documents Needed for filing spouse's I-485

[ac21_gc_seeker]

My I-485 is pending for more than 2 years on employment based EB2 category. I am palnning to get married early next year. Once my wife is in USA , can I file her I-485 on my own? Will it create any complicacies in my I-485 ,if I file my wife's I-485 on my own and not go through the lawyer?

Please tell me the required documents for supporting my wife's I-485 that I might need.

Will my wife's Priority Date be different from my Priority Date?

Thank You,
ac21_gc_seeker

 

[ginnu]

My I-485 is pending for more than 2 years on employment based EB2 category. I am palnning to get married early next year. Once my wife is in USA , can I file her I-485 on my own?
---YES if she reaches US BEFORE your I-485 gets approved.
Will it create any complicacies in my I-485 ,if I file my wife's I-485 on my own and not go through the lawyer?
---no problem, law does not say that you must use lawyer to file any petitions
Please tell me the required documents for supporting my wife's I-485 that I might need.
------ your I-485 filing reciept, and you need to provide Affidevit of support and cover letter that her I-485 should be attached with your pending I-485 file EAC or LIN#>>>>>>>>>> your A#........

from her side:
copy of her valid I-94, copy of passport pages, her medicals,copy of marriage certificate, 2 photographs passport style, copy of her birth certificate,she has to fill up form G325, I-485 form, correct I-485 fees + fingerprinting fees $70
Will my wife's Priority Date be different from my Priority Date?
----- it will be your PD
Thank You,
ac21_gc_seeker

 

[fast_gc_seeker]

spouse 485 after primary is approved?

My I-485 is pending for more than 2 years on employment based EB2 category. I am palnning to get married early next year. Once my wife is in USA , can I file her I-485 on my own?
---YES if she reaches US BEFORE your I-485 gets approved

ginnu, I asked same question to paralegal of my company. she says
even if primary's 485 is approved and spouse is legally in US her 485
can be applied by the primary. Is this true?

 

[ginnu]

ginnu, I asked same question to paralegal of my company.
----- you company has paralegal???
she says
even if primary's 485 is approved and spouse is legally in US her 485
can be applied by the primary. Is this true?
------ not true FYI Primay does NOT apply I-485 for spouse, your spouse has to file I-485 and sign the I-485, G325, talk to your lawyer not with paralegal

 

[fast_gc_seeker]

----- you company has paralegal???
she says even if primary's 485 is approved and spouse is legally in US her 485
can be applied by the primary. Is this true?
------ not true FYI Primay does NOT apply I-485 for spouse, your spouse has to file I-485 and sign the I-485, G325, talk to your lawyer not with paralegal

ginnu, I'll check this with company attorny... I'm still not clear about my original question which is weather the dependents can apply for their 485 if the primary is already approved [assuming dependent is already in this country legally]

 

[oxa1]

Hi, Ginnu, Is affivadit of support needed for EB's spouse? Required or optional?

 

[TheRealCanadian]

ginnu, I'll check this with company attorny... I'm still not clear about my original question which is weather the dependents can apply for their 485 if the primary is already approved [assuming dependent is already in this country legally]

Of course. If the dependents are present in the US (or can avail themselves of 245i or 245k relief) and the dependent relationship existed as of the date of the primary's approval, then they can file the I-485.

 

[fast_gc_seeker]

Hi, Ginnu, Is affivadit of support needed for EB's spouse? Required or optional?

I-134[affivadit of support] is mandatory for spouse 485 application package.
Make sure you get this notarized.

 

[pralay]

Hi, Ginnu, Is affivadit of support needed for EB's spouse? Required or optional?

I-134 is not mandatory for EB category. Some lawyers prefer to provide latest tax return + pay stubs and some prefer I-134. Either way it works.

 

[fast_gc_seeker]

I-134 is not mandatory for EB category. Some lawyers prefer to provide latest tax return + pay stubs and some prefer I-134. Either way it works.

wow! I was not aware thats its not madatory. My attorney said its a must.

 

[joyo]

I-864 or I-134?

I-134[affivadit of support] is mandatory for spouse 485 application package.
Make sure you get this notarized.

Thank you very much for your response on my previous question regarding employment letter and Tax return. Now I just read this message you posted a while ago. I have some questions:

I am preparing my I-485 application package based on my pending I-140 (EB11 and NIW), and my husband has H4 pending. My questions are:

1. Should I file 2 I-485 for both I-140 or just one to save money? If one, EB11 or NIW?

2. What visa status for my husband when he fill Form I-485, "H4" or "H4 pending" ?what is his visa expire date, should he fill "N/A" or my H1 expire date?

3. Which form do I need, I-864 or I-134, or none at this moment for I-485? If I need I-134 because of my case is employment-based, who should sign on the end of the form, someone in the bank or what?

I found you gave many people help on this forum for a long time. I hope I can get help from you too. It is very important for me. I would much appreciate if I can get your answers soon.

Best.