PD is Current ..dont want to apply GC for spouse who is on H4

[mark443]

I am applying for my I-485 in Jan 2012 ... my wife is on H4 Visa.... I am not applying for her GC ..... once my I-485 gets approved does her H4 get cancelled ??

[Belle]

Well, you can't apply for her, since only she can, and I think she should, whether you want it or not.

Her H4 does not get "cancelled". She will probably be considered out of status. I am pretty sure she may stay until the expiration of H4.

[Attorney_20]

If an principal applicant adjusts status and become a lawful permanent resident, any dependents in H-4 status no longer stay in H-4 status since that nonimmigrant status is dependent on the existence of a spouse in H1B status. It is unlikely that she will begin to accrue unlawful presence until the government makes a formal finding that she is out of status or after the I-94 card expires, whichever occurs sooner. As recommended above, it is a good idea to have the spouse file if the family intends to remain together in the U.S.

[Attorney_6]

Each person files their own I-485 and the dependants don't need "permission" to do so. If this is an effort to force someone to leave the country, keep in mind that, generally, spouses have duties to each other for support. If there is any intention of ever trying to naturalize, the abandonment or non-support of the spouse is a serious strike against the applicant when trying to establish that they have good moral character. It is often better to facilitate the other spouse's ability to be self-supporting (with an EAD/GC) for many reasons.