Spouse's 485

[grv]

Hi ppl,

Status: on H1B
Received RFE on 485 a few days back.

I guess my earlier post was too verbose to elicit a reply.


If I can get my spouse on H4, but the 485 comes thru before we file her application, would she be out of status, or can she continue to be in US, and file for her 485.

thanks,
G

 

[ginnu]

if your spouse reaches US on H4 then you can file her I-485 before your I-485 gets approved.

 

[grv]

Originally posted by ginnu
if your spouse reaches US on H4 then you can file her I-485 before your I-485 gets approved.

Hi ginnu

I understand that.
What I am unsure of is, what happens if INS approves my case before we can file her papers. I guess her H4 is no longer valid. Am I right?

thanks,
G

 

[ginnu]

Originally posted by grv
Hi ginnu

I understand that.
What I am unsure of is, what happens if INS approves my case before we can file her papers. I guess her H4 is no longer valid. Am I right?
------ I think you are right, you can contact good lawyer
thanks,
G

 

[pralay]

Hi ginnu

I understand that.
What I am unsure of is, what happens if INS approves my case before we can file her papers. I guess her H4 is no longer valid. Am I right?

thanks,
G

Yes. Her H4 becomes invalid the moment you get approval. She needs to leave USA. However, as you got married before approval, you can apply for follow-to-join for her and file for consular processing. That takes couple of months.

 

[TheRealCanadian]

Yes. Her H4 becomes invalid the moment you get approval. She needs to leave USA. However, as you got married before approval, you can apply for follow-to-join for her and file for consular processing. That takes couple of months.

245k may cover your spouse; it is debatable wether the benefits of 245k extend to dependents of EB-485 filers, or only the primary applicant. I would ensure that her I-485 gets filed immediately after she arrives in the US, to avoid the risk.

If your I-485 gets approved before she enters, her H-4 is toast and she needs to do FTJ.