Apply for i485 3 months after mine for F1 wife


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My I140 has been approved in EB2 ROW. My PD is 3/10/2014, so I am current.

My wife entered US in 05/2013 on H4. Her status changed to F1 on 09/2013. She went to India on 12/2013 and got a visa stamp. She is graduating on 05/2016.

Now she is travelling to India again on 12/8/2015 and returning on 1/5/3016.

Can i just file my I485 now and file my wifes I485 later when she returns from India?

Will this cause her any trouble during port of entry? When will she be eligible to apply when she returns to not show fraudulent intent?

Will she be able to work on campus once her I485 is applied?

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If you file your I-485 and it gets approved prior to her coming back and applying her I-485 as your derivative. Then she would not be able to file a derivative of your Employment Based GC application, then you would need to sponsor her in Family Based GC which is another set of PD and I am not sure where they are for ROW.


This is my opinion, may be others can chime in or you can consult with an immigration attorney.

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