Help Needed: GC holder re-file I 485 for wife!

[Jeffliu]

Hi All,
Any one can help me or give me some idea for my case, your kindness is very appreciated.
My wife and I are Canadian (China born, married over 10 years) and apply GC years ago. within I 485 pending, my wife visited Canada without AP (with no awareness, H4 expired), so her I 485 was denied, because I still hold my H1B, so my wife went back to Canada and re enter US to get H4 visa to stayed with me, she has not started re applying her I 485 yet.
I just received the I 485 ( EB2 ) approved notice, before consulting lawyer, we made an infopass appointment of USCIS, we were told my wife is out of status because once I got GC, my H1B will be invalid, so my wife’s H4 is becoming invalid. She has to leave US with 60 days.
My questions are:
• Can my wife file I-485 right now? (because I have GC now and Visa number is available, but from USCIS, they said it might be denied, do not know if it is true).
• If my wife filed I-485 and get the receipt notice, what is her status, is there still 60 days limitation?
• If my wife has to go back Canada, how can she apply GC?
• Or any other solution?
• Which one is best one? How long each solution will take?

Any one has such experience or has some suggestion, PLEASE let me know.
Thank you in advance.

Jeff

 

[Jackolantern]

If she files the I-485 with less than 180 days out of status, she should still be OK because of INA Section 245(k) which "forgives" up to 180 days of being out of status. There are some ifs and buts involved, so double-check with your lawyer if she would be eligible for 245(k) relief before going ahead with the I-485.

If she doesn't go the I-485 route, she can go to Canada and pursue the green card as follow-to-join via consular processing. Check with your lawyer regarding how to go about doing that. If your category (EB2 China) continues to remain current for your priority date, she should get the GC within 6 months.