I-485 date is current...Wife is in India..Should i apply alone?

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patpat

Registered Users (C)
My priority date will be current on june 1st. My wife is in india right now and won't be back for another 2 months. Should i go ahead and apply I-485 now add my wife once she comes back...

--Are there are problems if it's done this way.


I read somewhere that you need to be in the US when you apply for I-485 . Does that mean you need be here until you get your I-485 receipts.

Your inputs will be greatly appreciated..
 
patpat said:
My priority date will be current on june 1st. My wife is in india right now and won't be back for another 2 months. Should i go ahead and apply I-485 now
------YES
add my wife once she comes back...
---------------you can file her I-485 only if your PD remain current, what id PD is not current after 2 months? you remain on H1 status and dont use EAD so that she can come on H4 status
--Are there are problems if it's done this way.
--------------Problem is for her I-485 filing becasue if PD does not remain current when she is back to US in 2 months then you need to be H1 and she need to enter on H4 and you need to maintain H1 till she is eligible to file I-485. Nobody knows how the PD are going to move in future. Better Call your wife Now to US and file her I-485

I read somewhere that you need to be in the US when you apply for I-485 .
-------YES
Does that mean you need be here until you get your I-485 receipts.
--------------- Better to go out once I-485 reach US BEFORE you go out and filing receipt or Check Cashed, FedEx tracking is proof that I-485 reached USCIS Before US departure. Filing receipt is the best proof
Your inputs will be greatly appreciated..
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You should ask your wife to return back ASAP and file both of ur application's togather. I understand there are legal issues for Husband and Wife not filing the 485 together, it may trigger a doubt in the mind of USCIS.
 
Gaurav31 said:
I understand there are legal issues for Husband and Wife not filing the 485 together, it may trigger a doubt in the mind of USCIS.
Click to expand...

Not at all. If the wife isn't eligible to file because she's out of the country, then there's no harm in filing seperately.

If anything's going to cause a doubt in USCIS' mind, it's that the wife leaves the country for months at a time away from her husband, not that they filed their paperwork seperately.
 
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