i-485 filing for spouse: Does she need to wait 60 days to file

[byju]

Gurus
My friend files his i-485 2-3 months back and he got married and came with his wife last week. Now everybody saying that she has to wait for 60 days to file i-485. is it true?? but one attorney told us She can go forward and file. pls provide information.
Thnks

 

[jaxen]

60 day rule comes from...

the fact that INS sees intent of change of status within 90 days from one non-immigrant visa to another especially in the categories of B and F visas.

In your friend\'s case , a 485 has been filed where intent of immigration has been established clearly. For your friend\'s spouse, H4 gives a basis for dual intent (i.e. immigration intent is implied in H visas). They should not listen to arm chair opinions and go ahead and file her I485 immidiately as the lawyer suggests.

 

[ty]

Hi Jaxen. I do not very understand what you said about non-immigrant visa changing.

It worried me. My husband holds F-1 visa for almost 4 years. Last month we just submitted his H-4 visa application (change from F-1 to H-4). We have not received any response from INS until now. Does he need wait 90 days to submitte his I-485 application? Or it is better for us to apply 1-485 after we receive the receipt letter from INS? I am ready to submit I-485 forms for both of us. I am very worried. Please help. ty