do we need to present in USA while filling 485?

[chittibow]

My priority date is Nov 2006 (EB2)

Need to file 485 for my wife(H4).

But we are planning to visit india in june ending and will be returning by july ending.

It seems like by July, my case would be current.

Do we both need to be here in USA, while filling 485 for my wife? can we handover all the documents to attorney before we leave (before june ending), and make him submit on july 1st?

please reply

Thanks in advance.

[pontevecchio]

PLEASE Ask him.

[bucketlist]

When the priority date is current, you both have two options:

If you are in the U.S., you can apply for adjustment of status.

If you are out of the U.S., you can go through consular processing.

[Alexandre]

I don't see any problem, but attorneys always see a big problem, you have to discuss with him.

[Joe.F]

You absolutely have to be in valid status IN the US to file I-485s.

If you are abroad you don't have a status, so there would BY DEFINITION no adjustment of status possible.

[Attorney_6]

The attorney WOULD see a big problem, because I-485s can not be filed for people who are outside of the U.S. The person must be physically IN the US, and must meet certain status requirements to file the I-485.

If the travel is planned for the end of June, with a return at the end of July, it could be done as follows.

1. Have the I-485 prepared now, all data gathered, all documents obtained etc. No reason to wait for date to be current, since it looks like it will be current soon.

2. Check the Visa Bulletin for July before you go---it will be out by mid June. This will tell you where you stand. Given the June Visa Bulletin EB2 India cut off date of October 2006, there is a reasonable possibility that the date given could be current for July.

3. If the date is current for July, it is just necessary to return before the end of July---with enough time to file the case in July. (If the date is still current for August, then the case could be filed in August.)

4. If the case is prepared in advance, it will just be necessary to update the entry date/I-94 information, sign it and file at a time the date is current AFTER returning to the U.S.

Do not file it when out of the country. While the USCIS might accidentally take it, and cash the fees, it is not correct. They may notice later and deny the case or...maybe it will slip by and there will be an approval that is not proper--and that is a problem just waiting to happen.