I 485 filing question

[rgsiva_it3]

Hello,

When i filed my I-140 petition I was single. Now my priority date is nearing closer. My question is: When i apply for I-485 Adjustment of status application, can i include my wife as well?

Appreciating your response.

[pontevecchio]

She can/will file on her own recognizance when the dates are current.

[newacct]

5 hours ago, rgsiva_it3 said:

Hello,

When i filed my I-140 petition I was single. Now my priority date is nearing closer. My question is: When i apply for I-485 Adjustment of status application, can i include my wife as well?

Appreciating your response.

As long as you guys married before you became a permanent resident (doesn't matter if it was before or after you filed I-485), she can immigrate as your derivative beneficiary. If she is in the US as well, she would file her own I-485 for Adjustment of Status, at the same time as or after you file yours, as long as I-485 can be filed for your category and priority date that month.

[rgsiva_it3]

Thank you all for the response. I have one more question. If in case my H1-B extension is denied and we went back to my home country

1. Can I still file by I 485 application through Consular Processing from my home country?

2. If I file my I 485 while I am in the US, but after filing if my H1-B extension is denied, what will happen to my I 485 adjustment of status application?

Appreciating you response!!

[pontevecchio]

One either adjusts status while in some legal status in the USA or one gets the IV through CP at the relevant Consulate. 

The AOS has no direct correlation to your H1.

[care_candidate]

19 hours ago, rgsiva_it3 said:

Thank you all for the response. I have one more question. If in case my H1-B extension is denied and we went back to my home country

1. Can I still file by I 485 application through Consular Processing from my home country?

2. If I file my I 485 while I am in the US, but after filing if my H1-B extension is denied, what will happen to my I 485 adjustment of status application?

Appreciating you response!!

1. No. When you are filing with employment based application, you need to be employed.

2. Agree with above answer

The AOS has no direct correlation to your H1. Still, in interview they will ask about your employment details - Whatever employer you are working for at that time.