Please help!! 485 filing for spouse

[tmpandi]

EB2- Nebraska

I filed my 485 application in 24th July 2006 and got an EAD today and I could not file my wife application originally with me because she was out of country. Now she came back to states and my priority date is not current, so I can not file my wife application next month. Visa dates are retrogressed back 6 months for EB2 India.


I should not use the EAD until I file my wife’s application right? This may put her in out of status.
Is there a way I file her application even though priority date is not current for dependent?
What would happen if I get my green card before she files her 485? Will she be out of status?
Can she stay here even if she out of status? Is there any workaround for this scenario?
Any other option for her to come to US with legal status after Out of status?
I included my wife name in I140? Does it help?

Please need a help guys

Thanks

 

[jadoo85]

I applied my I 140 few days ago, and we are getting married soon. I did not include my wife on I 140. Is there a way I can apply for my wife 485 and add to I 140?
Thanks.

 

[IPC302]

jadoo85

jadoo85,

140 is for you and not for your wife .No body can add their spouse or dependent on 140 .

140 has nothing to do with one's wife/spouse . It's always about the primary applicant.

You can always file 485 for your wife , whenever priority are current for you .
So relax and take it easy .

 

[ZLXC2Y]

tmpandi EB2- Nebraska,

You submitted 485 on the basis of Visa # becoming available.
Your spouse submits her 485 on the basis of a pending Spouse's 485
and when she gets GC card it will be only after/at the same time
as yours. What did your attorney say? Submit with a copy of your
485 receipt notice and there should be no harm other than a return
for resubmit when visa # becomes available. If she gets her 485
receipt #, then that can be used for her EAD and Travel Parole Doc.