should i file i-485 before my wife arrives?

M

mig30

Registered Users (C)
I have filed for I-140, and still waiting for it to get approved. It seems with the new rule, I can immediately file for I-485. But, I have a problem here: My wife is in India, and I can bring her here only in November. Should I wait till Nov to file I-485 together OR should I go ahead and file my I-485? Will it create problem for her filling later? And can I file with "Follow to Join" here?

Any help would be appreciated.
Thanks
Mig
 
you can

definitely file your 485 and your wife can 'follow to join', but sometimes this generates RFE, or your wife's approval may get delayed. This is not always the case, but there are such cases so possibility is there.

Since there are only 2-3 months left, keep all the papers ready, let her arrive, get medical done (if you are including the results too), and mail one package together. By that time, your 140 may also be approved. :p
 
question reframed...

Thanks Immi.

After going through several posts, I realized that 'follow to join' means consular processing. And I think, I don't want that. I want to file a regular I-485 for my wife.

Now to put the question again: Could I still go ahead and file my I-485 without hampering my wifes chances for filling her I-485, 3 months later. Could it create any problem? She already has an H-4 ready.

Thanks again.
 
no problem

you shouldn't have any problem, if you want to file 485 now, your wife can file 485 later. IT shouldn't cause any problem, only it MAY get her approval delayed.
 
about EAD

This brings up another question: Lets say I file my I-485 tomorrow. Could it complicate my travel plans to India in October end? And when should be the best time to apply for EAD? As I understand, applying for EAD would need me to get Advanced Parole for my Oct trip.

Also, could I file for my wife's EAD on a later date?

Thanks again!!!
 
EAD

Could it complicate my travel plans to India in October end?

- No, if if you either have a valid visa to re-enter US like H-1 or L-1.
If not, you need advance parole (AP) to re-enter.

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when should be the best time to apply for EAD? As I understand, applying for EAD would need me to get Advanced Parole for my Oct trip.

- Applying EAD alongwith 485 shoild be fine, but you can apply for EAD at any time afterwards too. All you need at a later stage is the copy of the 485 receipt. However, EAD is not a must but it is like a good insurance. So, if your job is secure, and you have time on H-1, you may left out EAD.

Applying for EAD does not require AP, only the 485 receipt.
---------------------

Also, could I file for my wife's EAD on a later date?
- yes, she can.
 
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