Spouse I-94 expired, needs to file I-485 What are my options

V

victoria

Registered Users (C)
Myself and my wife\'s I-94 expired on Feb,2001 and I got extension up to Feb, 2003. My lawyer did not filed H4 extension timely. He applied for my wife\'s I-539 recently. My attorney say\'s that we should wait here and should not go to India for new visa. Apply I-485 after she gets H4 extension.
There are couple of options but don\'t know what to do.
1)Should I file my I-485 and later when her H4 gets extended add her name to I-485. Don\'t know till what stage of I-485 I can add her name? What is the delay/complexity involved in it.
2)Start consular processing now. Send my wife to India to get visa. If she gets well and good, comes back on H4. If she does not get then let her wait in India until CP interview.
3)Can I make use of 245(i) and we both file I-485 AOS now?
4)How much time it takes to get I-539 response in VSC. What is the chance of approval if filed after 4 months of I-94 expiry? Is anybody I-539 approved recently?
5)By the time we get any response about her I-539 approval she will cross 180 day\'s limit. If then I-539 is denied then she will be put to 3yrs bar.

Tension is raising up... don\'t know what to do Pl. help
 
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Maybe i dont get the whole picture but since your H1B has been extended why not you both goto India and get stamp together..Your wife would then get a new H4 stamp on her passport....regarding timelines I have no idea..maybe someone else can help...
 
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I will go with option number 1.

1)Should I file my I-485 and later when her H4 gets extended add her name to I-485. Don\'t know till what stage of I-485 I can add her name? What is the delay/complexity involved in it.

You have to add your wife to I-485 before you get your Finger Prints.
 
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