Question!!

J

justcause

Registered Users (C)
My friend wants to file I-140/I-485 simultaneously.Now the problem is his spouse is on H1 and not getting paystubs for last four months.While my friends is the primary applicant and his
spouse is filing as dependent.
Is the spouse status is required ? on which stage they can ask for it? what if she gets a job by that time?

Gurus Please suggest your help would be appreciated!!
 
My friend wants to file I-140/I-485 simultaneously. Now the problem is his spouse is on H1 and not getting pay stubs for last four months. While my friends is the primary applicant and his
spouse is filing as dependent.
---- If your friend is primary then file I-140,I-485, EAD, AP for spouse and self

Is the spouse status is required? on which stage they can ask for it? What if she gets a job by that time?
---- I don’t see problem for her as she is in US with valid I-94, they may ask the W-2 or pay stubs for the primary applicant. Normally they will ask for pay stub or W-2 from your friend at later stage. It will be much better to send past W-2, and 2-3 recent pay stubs with I-140 package. I don’t see any problem for his spouse, as her I-485 will be derivative based on husband I-140.
*** She may be out of status but she is not illegal in US, I-94 determines if one is legal or not. If any confusion then ask the lawyer who is filling I-485 for both he may choose to file her I-485 under 245(k)
 
Thanks!! Ginnu.
I have a question what if they dont file with 245(k) for present
can the petition be ammended later?
 
I think it will be a problem. I was also in a similar situation earlier . My spouse had a valid H1 and was in US, but didnt have paystubs. My lawyer advised that spouse be filed as a dependant - H4. Check with your friends lawyer.
 
Thanks!! Ginnu.
I have a question what if they don’t file with 245(k) for present
can the petition be amended later?

----- Take the opinion of your lawyer it is not must that your spouse I-485 should be filed under 245(k), BCIS is not going to check her pay stubs as you are the primary applicant, they are going to check other papers of her I-485 like your affidavit of support and her valid I-94 (front and back). I don’t think she needs 245(k)
 
Related question

Hi,

Mine is a similar case, wife converted to H1 from H4. She has paystubs till July 2003. We filed her I-485 in August as my derivative, and her status as H1 on the application. She stopped working (has no paystubs) from August onwards. The company asked her to give an extended leave of absence application from August (She still is on 'official' leave, and in India since October).

My question is
a) Do you see any problems with her 485 application ?

b) Now my lawyer did not ask me to submit an affidavit of support for her. Why ? Is this going to result in an RFE and is this going to be a big problem later on ?
 
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