I-485 filing/Spouse Indian Born British Citizen residing in UK

[Snigdha22]

Hi,

 

  My spouse is an Indian born British Citizen working and residing in UK. I am on H1-B and my spouse does not have a H-4 visa. He travels back and forth from UK to USA regularly.

 

I am now eligible to apply for I-485 adjustment of status application through my Employer. My question is:

 

Can I file my I-485 application including my husband(Using form I-824)? If yes, as per the rules:

 

1) Applicant has to be physically present in USA when I-485 is filed with and received by USCIS. -

Is this correct?

My husband will be physically present in USA when filing the application but does he have to stay here until after USCIS receives the application?

2) Applicant must contact Attorney prior to any international travel once Form I-485 application is filed with USCIS.

Does this apply to my Husband as well? Because he is a UK citizen, he does not require a visitor visa or any other visa to travel to USA.

 

Thank you!

[JoeF]

Form I-824 is not used for employment-based applications.

Your spouse can file a separate I-485 as your dependent, with your I-140.

And if he travels out of the US without having AP, the I-485 would be considered abandoned.

Also note that he can not travel to the US on a visitor visa with the intent to file an I-485.

I suggest you discuss your situation with a good immigration lawyer.