1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

I485 Filing Jointly With Spouse

Discussion in 'Filing for AOS with an approved I-140' started by PRT_User, Sep 18, 2015.

  1. PRT_User

    PRT_User New Member

    Messages:
    2
    Likes Received:
    1
    Trophy Points:
    1
    Hi Ron

    I have been your great follower when it comes to immigration stuffs. Appreciate your help on giving me some suggestions for the below questions.

    1.My priority date became current and I am eligible for filing I485. Currently my spouse is out of country. Do we have to file jointly or will she be able to file separately when she comes while the dates are still current?


    2.She is still in H4 visa and we both have valid visa stamped in our passport till Sept 2017, so it ok to come back now and file it jointly before the date’s retro gate?


    3.In case if we file the I485 jointly does she needs to stay till we get the EAD approved or will she be able to travel once the application is filed?

    4. After EAD approval will I be able to maintain my H1 because we have valid visa till 2017?

    5.How many months does the EAD approval take in general? This is for making specific travel arrangement plans?

    Thanks Ron
     
    UKmaryland likes this.
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    She may file separately when she returns, if your PD is still current. You need to maintain H1B status until she gets back, otherwise her H4 visa is void. If you maintain H1B status and she has a valid H4 visa, she may travel immediately after filing for AOS. You may maintain H1B status as long as you want. Normally, combo cards are issued for two years, but I understand they are going to start issuing them for three years soon.
     
    UKmaryland likes this.
  3. PRT_User

    PRT_User New Member

    Messages:
    2
    Likes Received:
    1
    Trophy Points:
    1

    Thanks Ron
    Appreciate your help..
     

Share This Page