My PD current but don't want to apply spouse's I 485

[rohit.law]

My PD has become current, and I already have my I 140 approved, so I'll be applying my I 485 this june. My problem is that my wife who is also on H1B visa does not not have sufficient required docs to submit to INS.
I am primary applicant and she is derivative. Is it possible for me to apply my 485 application without her? Since she is not out of country and in USA, will that pose any problem when I don't file her application with mine?
If my file doesn't move for next 6months(i.e. my status doesn't change), and meanwhile she arranges her docs then can I add her application as a derivative with mine after 6 months?
Please reply.

 

[ginnu]

My PD has become current, and I already have my I 140 approved, so I'll be applying my I 485 this june. My problem is that my wife who is also on H1B visa does not not have sufficient required docs to submit to INS.
I am primary applicant and she is derivative.
Is it possible for me to apply my 485 application without her?
--------YES
Since she is not out of country and in USA, will that pose any problem when I don't file her application with mine?
-------------NO
If my file doesn't move for next 6months(i.e. my status doesn't change), and meanwhile she arranges her docs then can I add her application as a derivative with mine after 6 months?
----------------- YES if your PD is corrent at that time. Dont use EAD remain on H1 status.

Please reply.

------------------ I have read your other post if she has Valid I-94 then file her I-485, and her AP with your I-485 and later after filing I-485 she can go out of US and can get H4 visa stamp based on your H1 status and can come back to US with H4 visa stamp. if you are not getting proper info from your Lawyer then hire other good lawyer and find if he/she gives you better options