I-485 filing question - spouse separated

[KayM]

Hello,

I have an approved I-140. While filing I-140 I had included my spouse as a dependent. I'm now awaiting my PD to become current. Right now my spouse and I are separated (she is in India and I'm here), but have not filed for divorce yet.

If my PD does become current within the next year or so, will I be able to file I-485 just for me and not including her. I'm unsure when I will initiate our divorce process and not sure even if I should it because we both are working to sort out our problems.

Still I wanted to ask about the possibility of filing I-485 alone and whether not filing joint would have any impact on my petition.

Your views will definitely help me.

Thank you in advance

KayM

[Belle]

First, you don't get to file for your wife - only she can apply for her permanent residence, through AOS or CP - if she wants to, of course. Second, since you are the primary applicant, your application is in no way dependent on any application of your spouse. Third, spouses are not "included" into I-140. Just mentioning the name means exactly nothing. As you have figured out already, one need to stay married for the spouse to be eligible to be a derivative.

[KayM]

Thank you Belle!