How to file I-140 and I485, when my spouse is travelling abroad?

G

gc_chaiye

Registered Users (C)
Dear All,

I am in the DOL stage at this time and my case reached Federal Labor on July 18, 2003. I am expecting this to be approved in a month or two. My wife has to travel to India in 3rd week of Sep, 2003 for about 2.5 months. My question is if I get the DOl approval when my wife is in India, can I still apply for I-140 and I-485 together, in her absence and apply for her later? Would I need any documentation or signatures of my wife during the process of applying for I-140 and I-485 if I need to apply these together?

Thanks,
gc_chaiye
 
You can submit Your I-140 and I-485. But you cannot submit for her, as filing of I-485 requires person needs to be in this country.

Once she comes back you can apply for her also
 
My case is also similar

Hi , THe only difference is that my labor is approved and i am in the process of applying for my I-140 and I-485 and my wife is planning for visiting india in the 3rd week of september.
Now what i understood is you need the copy of the I-94 before she leaves? correct my if i am wrong. My passport is due for revalidation and i am expecting it any time now. Is there any reason for which i should delay her trip?. Any one having any suggestion please suggest, i am not aware of the process that is involved in filing the I-140 and I485 concurrently.

Documents that i am working on right now are:
we will be completing our Medical Tests in the coming week.
we will be getting Our Immigration phots in a day.
my experience letters which are supposed to come from india will be with me in a weeks time.
our birth certificates will be ready in a week.
what else do i need to look for?. Any one have any suggestion, please write....:confused:

Thanks
 
gcrelated2003

You cannot submit your wife I-485 if she is not this country. She has to be present in United States. Ask your Attorney.

Just submit for yourself. You can submit your wife I-485 after she come back from India.
 
She is presently here.

Hello tammy2,
My wife is presently here in USA. Its just that she is planning to go to india the very next week i think my I-140 and I-485 will be filed. The question i had was is there any thing for which is should prolong her visit.
If i did not understood your posting correctly can you please clarify wha you meant exactly with my suituation.
Thanks again.
 
gcrelated2003

So you mean at the time filing she will be here. Then that is fine.
Only thing you have think about is your FP. I do not current time line but during last year I got it within month. Just for your info you will have 12(or 13 i do not remember exactly ) weeks to complete your FP From date of FP on the notice.

Sorry for misunderstanding.
 
Travel after filing I 485

If you file I 485 for your wife while she is here, that should be fine BUT if she immed. leave the country without getting Advanced payrole approval she may NOT be allowed to enter back in US unless she has other valid visa like HI-B.

Be careful and ask for advise from your lawyer.
 
She will be having a valid H-4 B visa!

she will be having a valid H-4 Visa during her travel. Will that be a problem. I dont think that there should be any problem if you are on valid H-4 visa with your I-140 and I-485 filed.
Let me know if there is something else i should be really looking for. thanks
 
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