I-485 with I140 receipt for spouse..pls help

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bibiq2007

Registered Users (C)
Hi,

I filed I140 on July 5 (receipt date) and now had the receipt. Since the visa bulletin becomes current again I am going to file I-485.

My wife is applying a change-of-status from H4 to F1 currently. The I-539 has just been submitted. Receipt notice not received yet.

So my question is:

(1) if she is NOT filing I-485 now with me, can I include her in my GC application later? When and which form?

(2) if so, later do we need to wait until July 5 2007 to be current (since I assume July 5 2007 will soon be backloged) when we file I-485 for her?

(3) if we file I-485 for her now with me, is it considered as fraud since we indicated "no immigrant petition filed" in the I-539 just submitted?

(4) What are our options now?

Many thanks for advices!!
 
help

Experts, please help!

When we file I-485 later for my wife, do we have to wait for July 05 to be current?
 
1- There is no such thing as 'include her in your GC application later' - every person needs their own I-485 and, if she wishes, she can apply for her own I-485 (eligibility basis: derivative of you) only once July 05 2007 priority date is current again. If you are from India or China, it may be a very long wait until that happens. You don't add people to applications. Keep in mind though that you will have to list her name on your own I-485 in the appropriate section. If she doesn't apply with you, just check "no" under the question "applying with you?"

2- See #1

3- No, because she didn't file I-140; you did. However, can she not remain a student on H-4? If she can, she is much safer staying on H-4, because she will face a lot of problems as an F-1 with a I-485 pending. For example, she won't be able to travel, because traveling will mean having to get a new F-1 visa from a consulate abroad and that won't happen if she has I-485 pending. Besides, she will need advanced parole if she wants to travel on F-1, because without it she will be considered to have abandoned her green card application. Obviously with AP, she won't be readmitted to the US as F-1.
See here for more details. If she remains H-4 (which means you may have to withdraw her I-539), she won't have the problems above.

4- Check if she can be in school with H-4. If she can, stay with it and apply for I-485 for both of you now (you both need separate applications, medical exams, etc). If not, then let her continue her F-1 application baring in mind that it will cause her some problems in the future.
 
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