EB1 filing while spouse is not in US

[snehal18]

I seek your advice on green-card application. My spouse is an Indian citizen and he works and stays in the UK (on UK residence permit). He holds B1/B2 visa for the US and can visit US for any appointments etc. I am filing for green-card through my employer under EB1 category and would like to file for both of us. It would be great if you could help me understand the process to file green-card when spouse is not a US resident and clarify some questions below:

• For I 140 filing should I mention that my spouse is in the UK? Is it okay to provide his current UK address or does he need to have an US address?
  
• For filing Adjustment of status (I 485) is it required for my spouse to be in the US? Should he be in the US for the complete duration (from the day I485 is filed) or is it sufficient for him to come to US for any appointments that USCIS may need?
  
• For I485 is it permissible if the spouse is in the US on a tourist visa?
  
• Are there any other forms that I need to fill in for my spouse, given that he works and lives abroad?
  

[pontevecchio]

What is your current status?

[Belle]

You I-140 is for you. If your spouse will be filing with you, you may want to put his name. Overall, just follow instructions.

Now, you need to decide how you are going to get the green card - through AOS (I-485) or through consular processing, i.e. interview at a consulate. You need to decide for yourself before you file I-140. You spouse cannot file I-485 after coming on a B visa. Either you get him an H4 or something like that to file I-485 or he will need to do consular processing. Talk to a lawyer. If your spouse will do consular processing, you can either initiate it after your green card is approved through AOS (called following to join), or you yourself can go for consular processing of your green card, and do it with your spouse. There is no right or wrong here, but you need to understand pros and cons of each way and choose how to do it.

[JoeF]

An I-485 can only be filed while the person is in the US.

And unless the person has an H1 or L1, the person can only leave with Advance Parole in hand, otherwise, the I-485 would be considered abandoned.

[snehal18]

What is your current status?

I am on H1B visa currently.

[pontevecchio]

Thank You. I would then refer you to the excellent response by Belle. Keep it simple. Since things will move fast you have to decide whether he wants to work in the UK for a little while before coming over since eventually he will have to find work here. Maybe a sabbatical of a few months from his current job and then he could come over in H4 status to do the necessary filing. Let your Lawyer guide you.

[snehal18]

Thanks everyone for the suggestions. They helped a great deal!