PWMB filing I 485 for Spouse ? .... Read this.


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I found the following note on one of the Murthy Chat transcripts. I believe, it is very useful information for all PWMBs who are in this situation - I 485 approved or about to get approved && just filed I 485 for Spouse or about to file I 485 for Spouse.

Please read this & share your experiences.

Question: After the 485 was approved is there any grace period for applying spouse 485?

Answer: If the spouse has an independent immigration status, then her/his I-485 could be filed at any point, as long as the PD was current. If the spouse is in a dependant status, such as H-4, s/he will no longer have that status if the primary"s I-485 is approved. Under Section 245(k) of the Immigration and Nationality Act (INA) a person has a max of 180 days total that s/he could have fallen out of status and still be eligible for the I-485 approval. Of course, the PD has to be current, so it is important to act quickly in these situations. By law, there is no "grace period" so one"s spouse suffers the risk of a removal or deportation if the USCIS realizes that s/he is out of status and the I-485 has not been filed yet. Discuss the options with a knowledgeable immigration lawyer, or contact the Murthy Law Firm if you don"t have a good lawyer with whom you are comfortable.

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