I485 Filling Query::Wife is not in US

[SMAR89]

Hello,

I am on H1B which is expiring in Aug'2020. I have approved I140. My wife is not in US she has H4 Visa but she will be coming in Jan'2020. I need to know what are the options i have to file I485.

1. Should i wait for my wife to come in Jan then file I485 

2. Am i eligible to file I485 for both of us now?

3. Am i eligible to file I485 for myself then file I485 for my wife once she is here

Any other best option?

Your response will be appreciated. 

 

Thanks

[pontevecchio]

What is your Priority Date?

[SMAR89]

My Priority date is current

[pontevecchio]

If you mean current for August, then get her back in 2-3/few  days and file for both. If you do not file for her now, you run the risk of retrogression which has been severe and bizarre recently and she may be stuck back home if you get the GC before she returns. If you have a lawyer talk to her ASAP about the situation.. 

[SMAR89]

the Current GC processing time is 14 months, she can’t come now. Is there anyway if i could file my I485 now and file her adjustment when shes here in Jan’2020. I read H4 visa is not revoked until I485 approved