Wife's 485 filing

[gcdesirer]

I filed concurrently for I-140/485 in October 2004. I got my fingerprinting notice in Feb which I got it extended to July 2005 as I had to go to India for my marriage and I wanted to include my wife in the green card process. I am in India now and have to return by May end after my marriage. Due to the heavy traffic at the consulate, i could get an appointed for H4 visa for my wife in the third week of June.
My question: Can I file for my wife's 485 in her absence? Remember she has not been into the USA and will be applying for H4 in June. By the time her fingerprinting notice comes, she will be in the USA. Any advice on the matter will be appreciated.

 

[voldemarv]

My question: Can I file for my wife's 485 in her absence?

Absolutely NO. Applicant should be present in the US for AOS procedure. I'm not sure if you can choose consulate route for her.

 

[rdip]

I filed concurrently for I-140/485 in October 2004. I got my fingerprinting notice in Feb which I got it extended to July 2005 as I had to go to India for my marriage and I wanted to include my wife in the green card process. I am in India now and have to return by May end after my marriage. Due to the heavy traffic at the consulate, i could get an appointed for H4 visa for my wife in the third week of June.
My question: Can I file for my wife's 485 in her absence? Remember she has not been into the USA and will be applying for H4 in June. By the time her fingerprinting notice comes, she will be in the USA. Any advice on the matter will be appreciated.

Why not have all the paperwork ready and file her 485 right off when she gets here in June? Also, f you mean to say you got a July date for FP ... usually it has a couple months grace period (mentioned on the FP notice)..so you can further delay it.

 

[pralay]

My question: Can I file for my wife's 485 in her absence? Remember she has not been into the USA and will be applying for H4 in June. By the time her fingerprinting notice comes, she will be in the USA. Any advice on the matter will be appreciated.

One needs to be present in USA to apply for I-485. So without entering USA she cannot apply for her I-485.
You can apply for her I-485 after she enters USA with her H4 visa. As your FP is is July there is no chance that you will get approved before that. Make sure she can enter USA before your FP (preferbly).