Is it mandatory

[self_file]

Is it mandatory to add spouse in I-140? My spouse is on F1 and want to make sure adding the name in I-140 wouldn't create any issues later with the status.
Please suggest.

 

[unsure]

I don't think you add the spouse in the I140. You add dependents in I485 change of status. That you definitely should do, as otherwise, she will not change status with you and you have to file for her separately. Priority dates for family based green cards are somewhere in 2001!! Also, if you miss her in your I485, she needs to maintain status until her priority date comes out. If she starts the F1 now, it would be fine though. She needs to go and ask her international office what to do. But GO there, not over the phone.

 

[self_file]

Thanks!

Thank you for the response. There is a question in I-140 where it asks to list all the family memebers. Even my understanding was that the family memebers will be added in I-485. Any way, I will not add my spouse until I-485.
Thanks again!

I don't think you add the spouse in the I140. You add dependents in I485 change of status. That you definitely should do, as otherwise, she will not change status with you and you have to file for her separately. Priority dates for family based green cards are somewhere in 2001!! Also, if you miss her in your I485, she needs to maintain status until her priority date comes out. If she starts the F1 now, it would be fine though. She needs to go and ask her international office what to do. But GO there, not over the phone.

 

[unsure]

I misunderstood the question, sorry. You need to include her and any kids in the I140, this would not affect her at that stage at all. It is not change of status or anything like this.