Filing I-485 for spouse while my I-485 is pending

A

ajlaw

New Member
Hello
My I-485 has been pending since July 2007 and I have become current in the Aug bulletin. Meanwhile, I got married in Jan this year and would like to file the 485 for my wife. In case (I hope this does not happen) my wife is unable to file her 485 before mine gets approved, is there still time for her to file the 485 since we got married before my 485 was approved? Is there a 'grace period' for her to send in the 485 after my 485 gets approved? I heard contradicting opinions on this.
Thanks for your help!
 
ajlaw said:
Hello
My I-485 has been pending since July 2007 and I have become current in the Aug bulletin. Meanwhile, I got married in Jan this year and would like to file the 485 for my wife. In case (I hope this does not happen) my wife is unable to file her 485 before mine gets approved, is there still time for her to file the 485 since we got married before my 485 was approved? Is there a 'grace period' for her to send in the 485 after my 485 gets approved? I heard contradicting opinions on this.
Thanks for your help!
Click to expand...

There is no grace period.
You should try to file spouse's 485 before you get approved.

Else your spouse will be out-of-status (if in dependent's status), though CIS pardons 6 months of out-of-status. In other words even if you are approved, your spouse can be out-of-status for 6 months.
 
Thanks, gcWudBeHere. However, she will not go out-of-status as she's here on F-1 (been here on F-1 from even before we got married). So does this mean she has time to apply for her 485 even after mine is approved?
 
If by "grace period" you mean a time to submit her I-485 after your green card has been approved, the answer is yes she can file her I-485 after your approval, because you were married before the approval. However, your priority date must be current at the time she is going to file it.
 
OfficerUSCIS said:
I would just like to add, and correct a few things here. As long as your wife entered the United States "LEGALLY", then it does not matter how long she is out of status for. She can stay out of status for 20 years, but...as LONG AS SHE "ENTERED LEGALLY", she still is elligble to file for the AOS I-485, if shes married to you and qualified.
Click to expand...
I thought that applied only to those who marry a US citizen.
 
Last edited by a moderator:
You must log in or register to reply here.
Top