I-485 Question

[madangc2007]

Hello,

My priority date is June 8th 2007 EB-2 India. I have filed my I-485 during the Aug 2007 fiasco. Later I got married. I have a question regarding my wife's I-485 application. Suppose if my visa date is current during the next (September) bulletin, and my green card is approved before my wife files her I-485. Can my wife still file her 485 or should she go for CP? In other words, is there a time frame within which my wife's I-485 has to be filed? Please advice. I would greatly appreciate your reply.

Thanks,

Madan

[sridhas2]

You can file your wife's 485 from the day your PD becomes current. It doesnot matter if your case gets approved as long as your PD is current, you can file wife's 485. But once your 485 gets approved your wife will be out of status but there is a 180 day grace period so it should not be a problem.

[Belle]

You wife can file when the dates are current (obviously) and your petition is either approved or pending. So approval per se does not impact your wife's ability to file for AOS. The approval may end your non-immgrant status and hers, but only if her status is dependent on yours, in which case the lawyers recommend applying earlier rather than later. Generally, one is protected for 180 days out of status when applying for AOS.

[madangc2007]

Thanks a lot for the reply sridhas2 and Belle. My wife and I are maintaining separate H1 status which is going to expire in Sep 2013. Your reply helps me a lot. Thanks once again!!!