H4 out of status=>I485?

[Robert8]

My friend just learn that her H4 expire(around 60 days ago), her spouse is in the rprocess of apply for GC.

can she apply for I485?

I hear someone mentioned 245(k) before. Any guru please comment on this?

she is at loss, please help.

thanks

 

[saf]

Yes, she can apply using 245(k) since 60 days is less than 180 days.

Yes, she can apply using 245(k) since 60 days is less than 180 days, otherwise, she can apply using 245(i) - more than 180 days. But talk to her own lawyer. The question is: Is she still with her primary applicant (husband) who is applying for his 485 and filing his wife's 485 for his wife?

If her primary applicant (husband) already used 245(k) for himself, his wife is eligible even though his wife's status is out of status. I have heard of it somewhere, but not sure about this. Just tell her and her husband to talk to their own lawyer.

 

[nandpc]

Yes, She's safe and can apply using 245(K).