EB-2 Green Card complication in Employment Based Interviews Posted June 15, 2020 · Report reply I'm currently a PhD student on an F1 visa in the US with an approved I-140 and in the process of filing the I-485. My wife also in the US on an F1 visa has been out of status due to varied circumstances beyond her control for over a year. Assuming I include her as a derivative (spouse of a green card applicant) to my application, what complication arises? Does she require a waiver since she has been out of status for long? If she is denied, does she face deportation proceedings? Lastly, if she is denied, does that affect my green card application too? Will it be better to file I-485 for only myself and wait until I become a citizen before filing for her even though this is a longer route? Thank you.