May I file 485 separately from my spouse?

S

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.
 
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.

-------- What is the reason to maintain Independent status? You should file your I-485 with your spouse I-485.
if you think that with F1 you can adjust status Independently that is wrong F1 has no dual intent
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?
--- Attorney is correct because later you may have to file your I-485 when your spouse gets I-485 receipt and your I-485 has to be attached with your spouse file and BCIS officials has to locate your spouse file and they may have to search for it and then attach it with your spouse file. Follow the attorney advice
Do I need to explain to BCIS if I do file later than my spouse?
-- Why you want to file later? File now it is better for you.
you will also get EAD, when your spouse gets EAD( you have to file for EAD with I-485)
 
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