Filing 485 while spouse is outside of US

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vastav99

New Member
Can I file I-485 for myself and my spouse while she is outside of US? She is expected to be here in early August. I\'d appreicate any insights.
 
No Title

I think you can. In the past this used to be a problem with the situation where in you apply for EAD and go to India and return after your EAD approved. This was a problem since you went out on H1/H4 (presumably) but when you return, the status has changed since EAD has been approved.
INS subsequently clarified that it is ok to travel on H1/H4 visa as long as it is valid, irrespective of EAD application status.

Disclaimer: I am not a lawyer. The info provided is my opinion and not truth.
 
No Title

U certainly can not apply for AOS while your wife is out of US.
It is the condition when you apply you can not leave country unless you have received I-485 receipt even if you have valid H1/H4 visa.
Do not do such kind of stuff. I am 100% sure about that.
 
No Title

Hi Vastav99,
        You can file for yourself now & file your spouse\'s when spouse is here. AOS is for people who are physically here at the time of filing.
        Lawyers might say this may confuse in INS to link up the files, but this is the option.
 
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