May I file 485 separately from my spouse?

suna

Member
Hi, I am in a dilemma. I just submitted my change of status application to vermont for a H1-F1 because I will start school this fall. And then my spouse's labor got approved after two-year wait. I want to maintain my independent status and NOT to file together with him the 140/485 application.

My thinking is after his 140 gets approved then I can follow to join his application since the 140 will take so long , nobody will know what will happen.

But my spouse's attorney said if I file later than his, BCIS will not join my app to his and make me ineligible for the green card. Is the attorny right? or just plain inexperienced?

Do I need to explain to BCIS if I do file later than my spouse?

thanks a million for any advice.
 
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