Wife Studying in India, want to file I-485

A

ace123

Registered Users (C)
Last week I got my Labor approved. My company will be preparing for filing I-140.

I need to file 1-485. Here is my situation:

- My wife is in India studying, 1 more year to go.
- She did visit me for 9 months last year on H4
- My H1B is valid till Feb 2005 ( 6 years completing)

My questions:

- What are my options on filing 1-485 while my wife is in India?
It may be possible for my wife to come here for few weeks to get the 485 filing done.

- Once filed can I get her AP for her so that she can go back and finish her studies?

- Or do I have to go for consular processing in this case?

Thanks for all your replies.
ace123
 
tell her to come here on H4 and file her 485 and then she can go back and finish her study and come back later. I assume the H4 VISa stamp on her passport is valid till feb 2005 like ur H1 visa then u do't even need AP.
 
Another angle...

Agree with ghost rider - that shouldn't be an issue.

However, keep in mind that BCIS might consider her application as fraudulent as u both are not living together. They are especially suspicious if you were not married for atleast 2 yrs on the day u filed 485, which can result in a RFE.

Get a few utilities/credit card in her name at your residence etc as a proof that u are actually married - in case of a future RFE, such stuff can be really helpful.

goodluck!

-ab
 
atlantabhopali and gost_rider, I thank you both for your suggestions. I am also checking with my lawyer. I will post the out come.

BTW, what is RFE?
 
RFE = Request for Evidence.

Typically, while evaluating ur file, BCIS would find one thing or the other unsatisfactory and issue a request for evidence to you for proving the same. Common in abt 90% cases. RFE can be for proof of continued employment, marriage, birth certificate, etc. U then have 90 days to respond to it with the proof/docs asked for.

-ab
 
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