Filing 485 , family in India

[subbu_ch]

Hi,

I have my I-485 Current, but my wife is in India and we are expecting to have a baby in September.

I have 3 Questions:
1)Would I be able to file I-485 for me and my wife while my wife is in India??

2)How would I add my kid who would be born in Septemeber??Or should I wait on filing 485 till the kid is born??

3)Can I add my family to I-485 while they are outside USA??

Thank You.

 

[June1506]

It is a difficult choice now for you.

Since delivery is in September, you can bring back your wife and file and then return after filing. But then you will have to maintain H1 for bringing your kid on h4.

Or else you can opt for Consular processing for her. But if the visa # is not available down the line, it will be again problematic.

Or else you can file your I-485 now, maintain H1 and when she comes back, you can file her I-485 as when visa# is available

 

[subbu_ch]

Any WorkAround??

Is there any workaround where I can get the I-485 started atleast so that I can get a early start Date and any future Retrogress of Dates can be Avoided??

Thank You.

 

[TheRealCanadian]

Is there any workaround where I can get the I-485 started atleast so that I can get a early start Date and any future Retrogress of Dates can be Avoided??

Yes, your wife can come to the US and file the I-485. That's the only way - one cannot file an I-485 if not physically present in the US.