Filing 485 for out-of-status spouse

[valO]

Friends,

My AOS was completed in January 2005 after a long wait. However, my wife, who came on her H4 visa, is now out of status. Her 485 package was not filed concurently with mine as she was not in the US until December 2004.

My question is how to go by filing her 485? A lot of forms (485, EAD) ask for current INS status an I am not sure what to provide as an answer...

Thanks!
val

 

[tammy2]

Friends,

My AOS was completed in January 2005 after a long wait. However, my wife, who came on her H4 visa, is now out of status. Her 485 package was not filed concurently with mine as she was not in the US until December 2004.

My question is how to go by filing her 485? A lot of forms (485, EAD) ask for current INS status an I am not sure what to provide as an answer...

Thanks!
val

File it as soon as possiable. she will be able to use 245(K).

 

[valO]

Tammy2,

I just want to double check that the 245(k) option is still current. I read in the forums that some sections of 245 (LIFE Act) were discontinued in 2001. Would you be so kind as to verify that?

Thanks so much for the helpful info.

Val

File it as soon as possiable. she will be able to use 245(K).

 

[valO]

Interestingly enough, the insturction sheet for the 485 form provides the following for derivative applicants:

If the spouse or child is in the US, the individual derivatives may file their form I485 adjustment of status applications concurrently with the the form I485 of the principal beneficiary, or file the form I485 at any time after the princial is approved, if visa number is available.

I guess INS meant to imply that the derivatives must maintain a valid nonimigrant status in order to be able to file "at any time after the approval". Or, they could mean the by the approval a positive action on I140... It is very unclear from the passage...

Thanks again,
val