Wife's name - not included

[Gulliver]

Hi,

My PD is current. I am going to apply for I-485. But, I am not planning to include my wife and child's name due to some reasons.

Can I include their names at a later stage? If I do not include their names what are the repercussions.

How long will it take to get EAD after applying for I-485?

Pls reply.

Thanks.

 

[tusharvk]

Curious.

anyway, pls take a look at the 485 form and filing instructions. you have to put their names as dependents, but it is not absolutely necessary to file 485 for them.
keep in mind that the 485 turnaround time is record short~4 months. So, you could get approved and they would be out of status if in the US and would have to do CP if outside of the US at the time of your approval.

Hi,

My PD is current. I am going to apply for I-485. But, I am not planning to include my wife and child's name due to some reasons.

Can I include their names at a later stage? If I do not include their names what are the repercussions.

How long will it take to get EAD after applying for I-485?

Pls reply.

Thanks.

 

[Jackolantern]

Hi,

My PD is current. I am going to apply for I-485. But, I am not planning to include my wife and child's name due to some reasons.

Can I include their names at a later stage? If I do not include their names what are the repercussions.

Like tusharvk said, you must list them wherever the form asks for your spouse and children. But separate I-485s would need to be filed for them, so when you list them on your form that doesn't initiate their I-485 process.

As far as the repercussions are concerned, that depends on various factors such as:

1. Your reason for delaying their I-485
2. Whether they're inside or outside the US
3. If they're inside the US, are they here legally or illegally
4. If they're illegally present, for how long
5. If they are in the US with valid nonimmigrant status, what type of status is it (some types of status don't allow filing I-485 or have tight restrictions)
6. If they're outside the US, do they have an H4 or L2 visa (or are they eligible for it based on your H1B or L1)
7. What is the category for your green card process -- EB1, EB2, EB3? Or family based?

Without having the above information, we can't determine the implications of delaying their I-485 or help you figure out how to work around the possible obstacles.